New Delhi: The Supreme Court on Monday asked the Centre to file a well-considered reply on a plea seeking formulation of a Uniform Code of Pharmaceutical Marketing Practices to curb unethical practices of Pharma companies and ensure an effective monitoring mechanism, transparency, accountability as well as consequences of violations.
A bench of Justices DY Chandrachud and Surya Kant told Additional Solicitor General (ASG) KM Nataraj that he should file a reply that is comprehensive and prepared after proper deliberation.
Your reply should be a considered one and not a normal reply. We should not be looking for anything else. Have proper deliberation and file the reply , the bench said and posted the matter for further hearing after eight weeks on the request of the ASG.
At the outset, senior advocate Sanjay Parikh and advocate Aparna Bhat told the court that the Centre must file a reply because the issue is very important and they should clear their stand whether they want it to be voluntary or it will be statutory.
On March 11, the top court had agreed to examine the plea and sought a response from the Centre saying it wants to know what the government has to say on this issue.
Parikh, appearing for petitioner Federation of Medical and Sales Representatives Association of India,’ had said that this is an important issue in the public interest and there is a recent judgement by this court which had held that both bribe-giver and bribe-taker are prohibited.
He had said that Pharmaceutical companies are saying that they are not liable as the bribe-takers are the doctors and in foreign countries, they have legislation to curb these unethical marketing practices.
Parikh had said that the government should look into it and the code should be made statutory as we all know what happened with Remdesivir injections and other drugs of those combinations .
The senior lawyer had said that they have already made a representation to the government and have been pursuing it since 2009 and till the time the government comes out with a code, this court may lay down some guidelines.
The plea filed through advocate Aparna Bhat sought direction that till an effective law is enacted as prayed, this Court may lay down the guidelines to control and regulate unethical marketing practices by pharmaceutical companies or in the alternative make the existing Code binding with proper and reasonable modifications/additions, which should be followed by all the authorities/courts under Articles 32, 141, 142 and 144 of the Constitution.
—PTI

Press Trust of India