GUWAHATI: The Supreme Court on Thursday, May 1, orally observed that the ongoing issue of pharmaceutical companies allegedly bribing doctors to prescribe excessive or irrational drugs and promoting overpriced brands could be addressed effectively through a statutory mandate requiring doctors to prescribe only generic medicines.
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A bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta was hearing a petition seeking regulation of unethical marketing practices in the pharmaceutical sector. The plea contended that doctors are being incentivised by drug companies to push costly branded medicines, often at the expense of patients’ interests, according to a LiveLaw report.
The petitioner has requested that the court issue directions to implement the Uniform Code of Pharmaceutical Marketing as binding law until formal legislation is enacted. In the alternative, the petition urged the court to frame guidelines that would regulate pharmaceutical marketing practices, invoking the constitutional provisions under Articles 32, 141, 142, and 144.
At the outset, the court indicated that the matter would require time and scheduled it for further hearing after the summer vacation. Senior Advocate Sanjay Parekh, appearing for the petitioner, informed the court that the Centre had also filed a counter-affidavit, citing the formation of a High-Powered Committee. However, no recommendations of the committee were placed on record.
In response, Justice Mehta questioned whether any existing law mandates doctors to prescribe generic medicines. He noted that in Rajasthan, an executive instruction—passed following a public interest litigation—now compels medical professionals to prescribe only generic drugs, not specific branded ones.
Parekh responded that no statutory requirement currently exists, and only a voluntary code is in place. Justice Mehta, therefore, remarked that a nationwide directive similar to the one in Rajasthan could address the concerns raised in the petition.
The matter has been listed for further hearing on July 24.
