Supreme Court directs Centre to set up committee on unethical drug marketing within two weeks, invoking right to health

Deciding a 2021 writ petition by the Federation of Medical & Sales Representatives Association of India, the Supreme Court held that the regulation of unethical pharmaceutical marketing practices bears directly on the right to health under Article 21, even though the petitioners had no enforceable statute to point to — the voluntary Uniform Code for Pharmaceutical Marketing Practices (UCPMP) having proved ineffective against inducements like gifts, sponsored travel and hospitality offered to doctors to influence prescriptions. While doctors already face restrictions under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, no comparable enforceable regime binds pharmaceutical companies. The Union informed the Court that it proposed a three-member committee to recommend a statutory framework, with the existing UCPMP, 2024 continuing meanwhile.

Holding that courts must respect the separation of powers and cannot dictate regulatory policy, but cannot be indifferent where public health is at stake, the Court invoked its powers under Articles 32 and 142 to direct the Union to constitute the proposed committee within two weeks, consider the petitioners' and intervenors' suggestions, give them a hearing, and file a compliance affidavit on the committee's recommendations and the Union's decision. The matter is listed for 29 January 2027.