E-Pharmacy in India: A Critical Appraisal

The shift from traditional way of doing business to the flourishing online business platforms or say e-commerce can be attributed to the exponential growth in internet usage. And, the entry of “Online medical apps” in the e-commerce industry in India has raised questions from every nook and corner. As, though technology possessed the attribute of ‘ease of doing business’ it also brought with it the possible threat to “Right to health” which is an invincible right of every citizen of India. However, the question arises whether these online-pharmacy services are safe, harmless and legal? With the absence of any specific law concerning the same, aid can be taken of statutes such as Drug and Cosmetics Act, 1940; Drug (Control) Act, 1950; Information Technology Act, 2000. Nonetheless insufficiency of these legislative instruments has urged the government of India to draft the rules with respect to sale of medicines through online apps, known as “E-Pharmacy Rules, 2018”. This paper will analyse the development of “E-pharmacy” in India and the roadblocks faced by it. Introducing the expanse of “online pharmacies” and very concept in Chapter I, it moves to highlight the negative impact of unregulated online pharmacies on “Right to health in Chapter II. The paper also provides glimpse of international efforts in this field, followed by endeavour made by Indian legislators to monitor online transactions of medicines under Chapter III & IV respectively. Lastly, Chapter V concludes the article by providing some suggestions.