India
Supreme Court Petition Calls for Fast‑Track Investigation and Strict Punishment of Counterfeit Medicines
By PTI
A public interest litigation filed by lawyer Ashwini Upadhyaya on Tuesday in the Supreme Court seeks a nationwide framework to curb the manufacture and sale of counterfeit and adulterated medicines, including vaccines and cough syrups. The petition names the ministries of Health and Family Welfare, Law and Justice, Women and Child Development, all states and union territories, and the Law Commission as parties. Through advocate‑on‑record Ashwani Kumar Dubey, the plea requests that the Centre and states complete investigations into fake medicine cases within three months and conduct trials within one year. It also demands standard operating procedures for search, seizure and sampling, time‑bound forensic examination of seized medicines, and mandatory digital recording and videography of investigative proceedings. The petition notes that, despite the Drugs and Cosmetics Act of 1940, the sale and manufacturing of fake medicines, syrups, injections and vaccines continue to rise, highlighting a vacuum in the existing framework. It calls for a graded sentencing policy to ensure stringent, proportionate punishment for fake drug manufacturers and sellers, and directs the Law Commission of India to prepare a report suggesting necessary changes to existing laws. The petition cites gaps in enforcement of the Act, including the absence of uniform investigation procedures, dedicated mechanisms for speedy trials and effective financial investigations, which have hampered action against organised counterfeit medicine networks. It references reported incidents involving counterfeit and adulterated medicines, such as alleged fake cancer drugs supplied to hospitals in Bengaluru, seizures of counterfeit medicines and cough‑syrup‑related deaths, to illustrate the need for coordinated and time‑bound enforcement. The petitioner argues that the circulation of fake medicines poses a serious threat to public health and infringes citizens’ constitutional rights, including the right to life and health under Article 21.