A meeting on the issue of unsafe drugs and medical devices was held on 21 November 2003 under the Chairmanship of Dr. Justice A.S.Anand, Chairperson. The Members of the Commission, Justice Smt. Sujata V. Manohar, Justice Shri Y. Bhaskar Rao and Shri R.S. Kalha participated in the meeting. Officials from the Health Department of the Central Government and States as well as NGOs and drug controllers participated in the meeting.
The Chairperson welcomed the participants and briefly outlined the Commission's concern on the issue of unsafe drugs. He pointed out that the licensing of drugs is under the control of the State authorities and wanted to know whether the mechanism that exists at present is adequate, satisfactory and takes care of the situation.
Justice Anand stated that right to health is one of the areas of major concern for the Commission, which also includes in its ambit, the issue of unsafe drugs. He expressed serious concern over the fact that use of unsafe drugs, devices and spurious drugs have reached alarming proportions. He highlighted their adverse impact on people who become hapless consumers. Referring to the long chain of manufacturer-middlemen-retailer-consumer, he wanted to know what control was being exercised by governments starting from manufacture to their sale. He added that unsafe and spurious drugs exacerbate malnutrition, lack of primary health care infrastructure and anaemia. He emphasized the need for having appropriate quality control, well-placed safety monitoring practices and creating public awareness by the Central/State Governments.
Justice Anand also expressed concern over different licensing procedures followed in states and asked whether a model licensing system/procedure could be centrally developed and circulated to the States. He observed that the problem of unsafe and substandard drugs is a reality, which cannot be brushed under the carpet. He, therefore, emphasized the need for necessary political will to plug loopholes in the legislation and develop adequate infrastructure. He sought the views of the participants on whether a small group could be constituted to go into the ways and means to tackle this menace and make recommendations to the Commission.
After a detailed discussion there was general agreement that a small group be constituted by the Chairperson of the Commission.