CPI(M) and Civil Liberties

Government, Courts and Harmful Drugs L N GODBOLE's letter (December 27, 1986) is a typical case of how the drug companies mislead the public. In its opening paragraph the letter says "The Kerala High Court declared on March 28, 1983 that the government had no power to ban any drug till February 1, 1983 when Section 264 of the Drugs and Cosmetics Act, 1940 came into operation". The Kerala High Court judgment discusses and points out the limitation of the original Drugs and Cosmetics Act of 1940 and the amendment made by the central government to this act by a gazette notification of November 13, 1982 which empowers the central government to ban the manufacture, sale and distribution of drug or cosmetic likely to involve any risk to human beings or animals. It states "This Amendment Act came into force on 1-2-1983 and therefore, from that day the central government stands empowered to take necessary action once it is satisfied that in the public interest it is necessary or expedient to do so". Further it holds that "It is for the government of India to consider how best the decision reached by them and embodied in exhibits R 1 to RICC (i e, exhibits 1 to ICC) of the respondents, the government of India should be implemented now that they have empowered themselves by Ss 10A and 26A of the Drugs and Cosmetics (Amendment) Act to take appropriate action ... Until that is done, the minimum that the government of India is expected to do in public interest is to publish the names of various brands in the market which covers the formulations mentioned in exhibit R I(a) and also branded names of formulations of oestrogen and progesterone ...