The Supreme Court of India has made an important observation regarding unethical practices in the pharmaceutical industry. The Court said that if doctors are legally required to prescribe only generic medicines, then the ongoing issue of pharma companies offering bribes to doctors to promote expensive branded drugs could be resolved.
“If there is a statutory mandate for prescribing generic medicines, these unethical practices may be controlled,” observed the Court during the hearing.
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A Bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta was hearing a petition that raised serious concerns about pharmaceutical companies allegedly bribing doctors. The petition states that these companies are pushing doctors to prescribe irrational or unnecessary drugs and prefer high-priced brands over affordable generic versions.
The petition demands that the Uniform Code of Pharmaceutical Marketing Practices be made legally binding. Till then, the petitioners want the Supreme Court to frame guidelines to regulate and stop these unethical methods. The notice in this matter was issued to the Union Government in March 2022.
During the hearing, the Court noted that the matter would need detailed consideration and thus scheduled it for further hearing after the vacation. The petitioner’s counsel informed the Court that the Union Government has filed a counter-affidavit, claiming that a High Powered Committee has been formed to examine the issue. However, there is no clear record of the committee’s recommendations.
Justice Mehta asked a key question:
“Is there a law that requires doctors to prescribe only generic drugs, not any specific branded ones?”
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He further pointed out that Rajasthan has already implemented a directive through a Public Interest Litigation (PIL) in the case Vijay Mehta, where all doctors are now required to prescribe generic medicines. This, he said, could serve as a model for the rest of the country.
“If this direction is implemented nationwide, it could take care of these issues,” remarked Justice Mehta.
The petitioner’s counsel responded that currently, there is no such legal mandate across the country—only a voluntary code exists. However, the Respondent’s counsel added that the Indian Medical Council has already issued a direction asking doctors to prescribe generic drugs.
Despite this, the Court decided to keep the case for hearing on July 24.
The petition has been filed by the Federation of Medical and Sales Representatives Association of India (FMRAI), a national-level trade union with presence in over 300 towns and cities. It was registered under the Trade Unions Act, 1926. Other petitioners include the Secretary of FMRAI and the National Coordinator of Jan Swasthya Abhiyan, a network that has been monitoring pharmaceutical practices for over four decades.
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Since 2005, these groups have consistently pushed for the establishment of an enforceable ethical marketing code to prevent misuse in the pharmaceutical sector. Their petition was drawn by Advocate Surabhi Agarwal and filed through Advocate Aparna Bhat.
“We are seeking a legal code to prevent pharma companies from influencing doctors through unethical means,” the petitioners argued.
Case Details: FEDERATION OF MEDICAL AND SALES REPRESENTATIVES ASSOCIATIONS OF INDIA AND ORS. v. UNION OF INDIA AND ORS.|W.P.(C) No. 323/2021
