New Delhi, May 2 – The Supreme Court’s recent oral observation that doctors should be “legally required” to prescribe generic medicines has triggered sharp divisions within the medical and pharmaceutical industry.
The remarks came during a hearing of a petition filed by the Federation of Medical and Sales Representatives Associations of India (FMRAI) and others, who raised concerns over marketing tactics by pharmaceutical companies to influence prescription volumes through perks and incentives to doctors.
The court’s comment arrives nearly 21 months after the Centre rolled back a directive issued by the National Medical Commission (NMC) mandating doctors to prescribe only generic drugs.
Mixed Reactions
While some public health advocates and medical ethics groups welcomed the Supreme Court’s view, arguing that generic medicines reduce healthcare costs, many doctors and industry stakeholders pushed back, citing concerns about quality, efficacy, and patient trust.
“The bioequivalence and regulatory oversight of generics in India is still uneven. Doctors should retain the autonomy to decide the best option based on clinical outcomes,” said a senior physician at AIIMS.
Pharmaceutical companies, particularly those with branded portfolios, are also wary of the potential impact on market dynamics and innovation incentives.
Policy Vacuum and Past Tensions
This isn’t the first time the generics vs brands debate has sparked national conversation. The NMC’s 2022 directive had faced stiff resistance from doctors, leading to its eventual withdrawal. However, recent scrutiny of pharma-doctor promotional practices, highlighted in PILs and investigations, has reignited calls for reform.
The Supreme Court has not passed any binding order yet but has indicated it may consider the regulatory framework around prescriptions more closely in upcoming hearings.
