The Supreme Court on Thursday orally remarked that mandating doctors to prescribe only generic medicines could be a significant step towards curbing unethical practices by pharmaceutical companies, including alleged bribery to promote irrational or overpriced branded drugs.
A Bench comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta made the observation while hearing a writ petition filed by the Federation of Medical & Sales Representatives Association of India (FMRAI) and two other petitioners. The petition seeks judicial intervention to control what it describes as “unethical marketing practices” in the pharmaceutical industry.
Petition Seeks Enforceable Marketing Code
The petition alleges that pharmaceutical companies are bribing doctors to increase prescriptions for high-cost branded or irrational drugs, adversely impacting patient care and healthcare costs. It urges the Court to issue guidelines until the Uniform Code of Pharmaceutical Marketing Practices (UCPMP) is made into binding legislation.
Alternatively, the petitioners have requested the Court to make the current voluntary Code legally enforceable, with suitable modifications as deemed fit under Articles 32, 141, 142, and 144 of the Constitution. The Court had earlier issued notice to the Union Government in March 2022.
Petitioner No. 1, FMRAI, is a national-level trade union established in 1963 with units across 300 cities and towns. Petitioners No. 2 and 3 are senior representatives of FMRAI and Jan Swasthya Abhiyan, respectively, both actively working on healthcare accountability for decades.
Rajasthan Model Cited in Court
During the hearing, Justice Mehta raised a crucial question: “Is there any statutory mandate that doctors must prescribe only generic drugs and not a specific brand?” In response to the petitioner’s counsel stating that the current code is only voluntary, Justice Mehta highlighted that Rajasthan had already implemented such a mandate via executive instruction.
“In Rajasthan, every medical professional has to prescribe only generic medicines. They can’t prescribe by any company name. That should take care of things,” Justice Mehta remarked, referring to a direction issued in a public interest litigation titled Vijay Mehta. He suggested this could serve as a model for broader implementation.
He further added, “Just think of this in this line — if this direction is given across the country, then all these things will be taken care of.”
Respondents Refer to Indian Medical Council Guidelines
The Counsel for the Respondent submitted that while no statute exists, the Indian Medical Council has issued directions advising doctors to prescribe only generic medicines. However, petitioners contended that these guidelines lack enforceability.
The Court acknowledged the pendency of the matter and scheduled the next hearing for July 24, 2025. The Bench also took note of the Union’s counter-affidavit, which mentioned that a High-Powered Committee had been constituted to examine the issue. However, petitioners pointed out that there was no public disclosure of the Committee’s findings or recommendations.
The Court did not issue any interim relief but appeared inclined toward examining whether prescribing generic drugs could be mandated statutorily, a step the petitioners believe could fundamentally reform pharmaceutical marketing practices in India.
