A landmark amendment being sought by the Union health ministry in the Drugs and Cosmetics Act will ensure that the fine paid by those found guilty of producing and selling spurious drugs go to the family of the person who died after consuming the drug, and not to the government.
The Drugs and Cosmetics (Amendment) Bill, 2005 — cleared by the Union Cabinet on Thursday — also hopes to introduce sweeping changes in penal provisions against those found guilty of selling life-threatening spurious drugs.
The bill stipulates that those caught producing and selling counterfeit drugs which are likely "to cause death or harm to the body as would amount to serious hurt, solely on account of such a drug being administered" shall be punishable for a term which shall not be less than 10 years but may extend to imprisonment for life.
The guilty will also be liable to pay a fine which shall not be less than Rs 10 lakh or three times the value of the drugs confiscated, whichever is more.
The bill also specifies the relatives who will receive the compensation — spouse of the deceased person or a minor legitimate son or unmarried legitimate daughter or a widowed mother. In case the victim is a minor, the money will go to the parent. At present, the jail term for those involved in manufacturing and marketing spurious drugs stands at five years with a fine of just Rs 10,000, which usually goes into the state’s coffer.
According to officials, the health ministry will present the bill in the monsoon session of Parliament. The bill also incorporates a provision for creating special courts to undertake speedy trial of drug-related offences. It makes all drug-related offences cognisable and non-bailable.
The amended bill says, "The Central or the state government, in consultation with the chief justice of the high court, shall for trials of offences relating to adulterated or spurious drugs designate one or more courts of session as a special court for such cases."
Those selling adulterated, misbranded or spurious cosmetics too are set to face some stick. The Act now makes the offence liable for a minimum of three years’ imprisonment with a fine of not less than Rs 50,000 or three times the value of the cosmetics confiscated, whichever is higher.
Earlier, the fine for selling spurious lipstick and talc stood at just one year’s imprisonment with a fine of Rs 1,000. A health ministry official said, "To combat the menace of spurious drugs, India desperately needed stricter penalties."
According to the health journal Lancet , in developing countries like India, 10-30% of medicines are feared to be counterfeit.
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