New Delhi: In a significant observation, the Supreme Court on Thursday said that doctors across India should be mandated to prescribe only generic medicines, aligning with the public interest in ensuring affordable healthcare. The court was hearing a Public Interest Litigation (PIL) seeking strict enforcement of ethical marketing practices in the pharmaceutical sector.
A three-judge bench led by Justice Vikram Nath, along with Justices Sanjay Karol and Sandeep Mehta, made the observation while hearing a plea filed by the Federation of Medical & Sales Representatives Associations of India (FMSRAI) and others. The petitioners had called for a statutory code to curb unethical promotional tactics by pharmaceutical companies.
“We believe doctors should be mandated to prescribe only generic medicines. That will fall in line with what you are praying for,” the bench noted, citing Rajasthan’s executive directive requiring doctors to prescribe only generics as a model example.
The PIL argued that the current voluntary regulatory regime is insufficient and violates citizens’ Right to Health under Article 21 of the Constitution. It pointed out that massive sums are spent on sales and promotional efforts aimed at influencing prescriptions, rather than improving patient outcomes.
The apex court has now posted the matter for further hearing in July.
