Supreme Court Advocates Mandatory Generic Drug Prescriptions
In a major push towards ethical medical practice and affordable healthcare, the Supreme Court of India has recommended a nationwide policy mandating doctors to prescribe only generic medicines. This step is aimed at curbing unethical promotional practices by pharmaceutical companies that often result in inflated medical bills for patients.
The observation was made during the hearing of a Public Interest Litigation (PIL) that raised concerns over pharmaceutical firms allegedly offering inducements to doctors in exchange for prescribing branded medicines. The petitioners pointed out that such practices drive up treatment costs and may compromise patient care. They also highlighted the ineffectiveness of the current Uniform Code of Pharmaceutical Marketing Practices (UCPMP), which remains voluntary and lacks enforcement mechanisms.
A three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta took serious note of the concerns raised. The bench remarked that prescribing generic drugs could significantly reduce patients’ financial burden and weaken the pharmaceutical industry’s undue influence on medical prescriptions. They cited Rajasthan’s state-level mandate requiring doctors to prescribe only generics as an example that could be replicated nationally.
The court emphasized that unless firm measures are adopted, promotional practices from pharma companies could continue to distort rational prescribing habits. The bench also hinted at the need for the government to replace voluntary codes with legally binding norms to ensure accountability across the healthcare sector.
Generic medicines, which are medically equivalent to branded versions but far more affordable, could transform access to treatment for millions of patients. The court’s remarks align with the broader goal of making healthcare both ethical and accessible.
The matter is set for further hearing in July, where the court is expected to examine potential legal and policy mechanisms for enforcing mandatory generic prescriptions across India. This case may well become a landmark moment in India’s journey toward healthcare reform and pharmaceutical transparency.
