1987 (3) TMI 519 - SC - Indian Laws

Summary

Issues involved:

1. Banning of import, manufacture, sale, and distribution of harmful drugs.
2. Constitution of a high-powered authority to address drug-related hazards.
3. Enforcement of drug regulations and quality standards.
4. Role of multinational corporations in the Indian drug industry.
5. Implementation of the 1979 drug policy.
6. Judicial review of drug policy and legislative measures.
7. Representation of consumers in drug regulatory bodies.
8. Establishment of regional drug laboratories.
9. Expeditious disposal of pending court proceedings regarding drug regulations.

Summary:

1. Banning of Harmful Drugs:
The petitioner, an advocate and General Secretary of Public Interest Law Service Society, sought directions u/s Article 32 of the Constitution to ban the import, manufacture, sale, and distribution of drugs recommended for banning by the Drugs Consultative Committee. He also sought the cancellation of all licenses for 471 such drugs.

2. Constitution of High-Powered Authority:
The petitioner requested the Central Government to establish a high-powered authority to investigate the hazards caused by these drugs and suggest remedial measures, including compensation.

3. Enforcement of Drug Regulations:
The petitioner alleged inadequate enforcement of the 1979 drug policy and the Drugs and Cosmetics Act, 1940, as amended in 1982. Despite the Act's provisions, enforcement was sluggish, and harmful drugs continued to circulate.

4. Role of Multinational Corporations:
The petitioner argued that multinational corporations dominated the Indian drug industry, making huge profits with minimal government control, and that harmful drugs banned in the West were still available in India.

5. Implementation of 1979 Drug Policy:
The petitioner contended that the objectives of the 1979 drug policy remained unimplemented, and indigenous drug technology development was neglected.

6. Judicial Review:
The Court acknowledged the complexity and technical nature of the issues, stating that judicial proceedings were not appropriate for determining such matters. The Court emphasized the State's obligation to ensure public health and eliminate injurious drugs.

7. Consumer Representation:
The Court suggested that the Central Drugs Technical Advisory Board and the Drugs Consultative Committee should have adequate consumer representation to advise the government effectively.

8. Regional Drug Laboratories:
The Court recommended the establishment of regional drug laboratories in addition to the Central Laboratory to facilitate research and coordination.

9. Expeditious Disposal of Court Proceedings:
The Court urged the Central Government to seek impleadment in pending High Court cases challenging the vires of Sections 10-A and 26-A of the Act and request expeditious disposal. The Court refrained from dissolving interim directions but suggested the Central Government apply to the High Courts for resolution within two months.

Conclusion:
The Court appreciated the petitioner's efforts and directed the Ministry of Health to compensate him with Rs. 5000 for expenses. The petition was disposed of with recommendations for improved drug regulation and enforcement.