homehealthcare NewsJan Vishwas bill passed by the Rajya Sabha, experts raise red flag

Jan Vishwas bill passed by the Rajya Sabha, experts raise red flag

Experts in the pharmaceutical industry have raised concerns over the changes to the punishment for sub-standard drugs. One of the primary concerns raised about the bill, which was recently passed by the Lok Sabha, is that it aims to decriminalise only minor offences.

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By Ekta Batra   | Daanish Anand  Aug 2, 2023 10:10:39 PM IST (Published)

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The Jan Vishwas bill has been passed by the Rajya Sabha after it received the Lok Sabha's nod last week. The bill will decriminalise nearly 200 provisions in 42 central acts and remove imprisonment for several offences.

However, experts in the pharmaceutical industry have raised concerns over the changes to the punishment for sub-standard drugs. One of the primary concerns raised about the bill, which was recently passed by the Lok Sabha, is that it aims to decriminalise only minor offences.
According to industry watchers such as Dinesh Thakur and Prashant Reddy, this is not true. According to the two, the bill has converted all offenses punishable under section 27(D) a provision which most frequently invoked by drug inspectors in the country, into compoundable offences which means an accused can escape jail by paying a fine of Rs 5 lakh.
The fear now is that manufacturing NSQ or not of standard quality drugs will now not be considered a serious offence. A few examples of earlier cases of NSQ cases under section 27 (D) include an injection failing the test of sterility, to tablets failing quality testing, to lack of an active ingredient.
Cases involving NSQ drugs can have then have serious implications for patients from inadequate treatment to infections to even death. The fear is these serious cases could then be punishable only with fine.
This, according to experts, comes at a time when India has been in the dock for cases of poor quality drugs exported in the past one year from substandard cough syrups linked to Indian companies Marion Biotech, Maiden Pharma and QP Pharmachem to eye drops linked to vision damage in patients in Sri Lanka and the US.
Rajesh Kumar Singh, Secretary of the Department for Promotion of Industry and Internal Trade (DPIIT), addressed the Bill and stated that the department is committed to further engaging with the Inter-Ministerial Group (IMG) to identify provisions that need simplification or decriminalisation. This effort extends beyond the central level, as they also plan to involve the State level.
The primary objective of these actions is to foster an environment that promotes both ease of doing business and ease of living for citizens. As part of their approach, the DPIIT has issued advisories to states, urging them to review and assess their existing provisions. Additionally, advisory notices have been sent to central ministries to ensure comprehensive and coordinated efforts, Singh said.

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