·The Hindu·15 marks·250–350 words

Discuss the regulatory and enforcement challenges in curbing the circulation of spurious drugs in India. Suggest reforms to strengthen the pharmaceutical supply chain.

In this answer
  1. Regulatory challenges
  2. Enforcement challenges
  3. Reforms to secure the supply chain

A spurious drug is one manufactured under another drug's name, or passed off as its imitation or substitute [1]. The seizure of suspected spurious anti-cancer and anti-diabetic medicines worth ₹6.6 crore in Kolkata by CDSCO and the West Bengal drugs directorate [3] shows how counterfeits reach the sickest patients despite a framework built on the Drugs and Cosmetics Act, 1940.

Regulatory challenges

  • Fragmented federal architecture: CDSCO sets standards and regulates new drugs and imports, while manufacturing and sale licensing rests with state drug controllers, producing uneven capacity and standards across states [1].
  • Weak deterrence: basic spurious-drug offences attract imprisonment up to three years; harsher punishment applies only where grievous hurt or death results — disproportionate to crore-scale rackets [1].
  • Capacity deficit: few drug inspectors and testing laboratories mean quality failures surface largely through post-market sampling, published as monthly Drug Alerts [1].

Enforcement challenges

  • Unlicensed units operating outside the licensing net escape routine inspection, supplying hospitals and clinics through wholesale nexuses before detection [3].
  • Fake import trails: consignments labelled as foreign-manufactured, without proof of lawful import, are deemed spurious — yet paperwork is easily fabricated [3].
  • Reactive surveillance: risk-based inspections since December 2022 have covered 905 units and yielded 694 actions (stop-production orders, licence suspensions, show-cause notices) — corrective rather than preventive [2].

Reforms to secure the supply chain

  • Scale traceability: extend Schedule H2 QR/barcode authentication — recently widened from the top 300 brands to all vaccines, antimicrobials, NDPS and anti-cancer drugs — towards full formulary coverage, patient-verifiable at point of sale [4].
  • Proportionate penalties with fast-track special courts for organised counterfeiting.
  • Institutional strengthening: fill inspector vacancies, expand testing labs, institutionalise joint CDSCO–state inspections, and publicise the whistleblower reward scheme [1].
  • Mandate e-procurement records for hospitals to audit purchase trails.

Spurious drugs represent a governance failure at the intersection of federal fragmentation, weak deterrence and thin inspection capacity. A digitally traceable, adequately staffed and uniformly enforced regime can safeguard both the citizen's right to health under Article 21 and India's standing as the "pharmacy of the world".

Sources

  1. 1CDSCO — Spurious Drugs (countrywide survey; whistleblower reward scheme); Drugs and Cosmetics Act, 1940 & Rules, 1945definition of spurious drug, Centre–state regulatory split, three-year penalty, Drug Alerts, whistleblower scheme
  2. 2PIB — Steps taken to Prevent Sale of Adulterated Drugsrisk-based inspections since December 2022: 905 units inspected, 694 actions
  3. 3PIB — Union Health Ministry takes swift action against Spurious Drugs; Major Seizure in Kolkata₹6.6 crore seizure, wholesale nexus, undocumented "imported" consignments deemed spurious
  4. 4PIB — Union Health Ministry Expands QR Code-Based Drug Traceability Framework to Vaccines, Antimicrobials and Anti-Cancer MedicinesSchedule H2 QR/barcode track-and-trace and its expansion beyond the top 300 brands

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