Supreme Court Pushes for Affordable Healthcare, Mandates Generic Medicine Prescriptions

Update: 2025-05-02 04:29 GMT

New Delhi (The Uttam Hindu): In a significant observation aimed at curbing unethical practices in the healthcare sector, the Supreme Court on Thursday remarked that doctors across India should be mandated to prescribe only generic medicines instead of branded ones. The statement was made during the hearing of a Public Interest Litigation (PIL) that seeks enforcement of statutory controls on unethical marketing tactics used by pharmaceutical companies.

The bench, headed by Justice Vikram Nath and comprising Justices Sanjay Karol and Sandeep Mehta, made this strong remark while hearing a petition filed by the Federation of Medical & Sales Representatives Associations of India (FMSRAI) and other parties. The court has scheduled the next hearing in July.

“We believe that doctors should be mandated to prescribe only generic medicines. That will fall in line with what you are praying for,” observed the bench. The court also cited Rajasthan, where an executive order has already been issued making it compulsory for all medical professionals to prescribe only generic medicines.

The PIL challenges the inadequacy of the current voluntary regulatory framework and demands stricter controls to ensure compliance with Article 21 of the Constitution, which guarantees the Right to Health. Petitioners allege that pharmaceutical companies are spending vast sums on sales and promotional activities, influencing prescription behavior for profit rather than patient welfare.

The plea also calls attention to the unethical nexus between pharmaceutical firms and healthcare providers, warning that such practices compromise medical integrity and inflate healthcare costs for patients. The court’s remarks indicate a potential shift in India's drug prescription norms, which may soon prioritize accessibility and affordability over brand-based promotion.

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