Fixing individual accountability is central to ethical governance in public-health regulation. Illustrate with reference to pharmaceutical batch release.
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Ethical governance requires that every decision affecting public safety can be traced to a person who answers for it. In drug regulation, the most consequential such decision is batch release, the final quality review before a batch reaches patients. MoHFW's draft amendment to the Drugs Rules, 1945 shows how naming one person turns a shared, diffuse duty into personal responsibility [1].
Why individual accountability matters ethically
- Shared responsibility weakens duty: licences now list "technical staff" for manufacturing and testing, but no one is named for the release decision [1].
- Duty of care: like an auditor signing accounts, a named signatory carries the patient's right to health under Article 21.
- Restoring trust: after the cough-syrup quality concerns, sales were restricted to licensed pharmacies through G.S.R. 927(E) [5].
How the draft fixes accountability
- Named authorised person: manufacturers must formally designate a qualified, experienced person, and licence applicants must name them [1].
- Audit trail: records for every batch and a prescribed Batch Release Certificate let a failed batch be traced to the person who signed it [1].
- Global benchmark: WHO GMP defines the authorized person as someone recognised by the national regulator, responsible for each batch and for recalls [2].
Manufacture → QC testing → Authorised person review → Certificate → Market
↑ │
trace & recall ←──────── batch fails (NSQ) ←───────┘
Accountability loop created by the draft
Making accountability real, not a formality
- Independence: WHO guidance says an authorised person who took part in producing or testing a batch cannot release it [3]. The draft only says "qualified".
- Regulator recognition: the regulator should recognise authorised persons, as WHO GMP envisages [2]. This would shield them from employer pressure.
- Enforcement capacity: CAG found 88% of drugs inspector posts vacant in Karnataka, and 59% of drugs used up before their test results arrived [4]. The Parliamentary Standing Committee asked for Drugs Controller vacancies to be filled on a fixed timeline [6].
- MSME support: smaller firms needed an extension to 31 December 2025 to meet the revised Schedule M [7], so the new rule should be phased in with support.
Batch release shows that accountability works when a decision carries a name, a record and a consequence. The final rule should add independence safeguards, regulator recognition and fully staffed inspectorates. That would align India with WHO GMP, protect the Article 21 right to health and advance SDG 3 (good health and well-being).
Sources
- 1PIB: Draft amendment to Drugs Rules, 1945 on authorised person for batch release (MoHFW)named authorised person, batch-release records, Batch Release Certificate, current licensing gap
- 2WHO TRS 986, Annex 2: WHO good manufacturing practices for pharmaceutical products: main principlesauthorised person defined as recognised by the national regulator and responsible for each batch; leads recalls (para 6.2)
- 3WHO TRS 1044, Annex 3: IAEA/WHO guideline on GMP for investigational radiopharmaceutical products.pdf?sfvrsn=fa6af369_1&download=true) — production and QC kept independent; an authorised person involved in a batch cannot release it (paras 6.6–6.8)
- 4CAG: Report No. 8 of 2024, Government of Karnataka88% drugs inspector vacancy; 59% of drugs used up before test results
- 5PIB: MoHFW Amends Drugs Rules, 1945; Exemption for Sale of Cough Syrups in Small Villages WithdrawnG.S.R. 927(E) limits cough-syrup sales to licensed pharmacies
- 6PIB: 175th–177th Reports of the Parliamentary Standing Committee on Health & Family WelfareDrugs Controller vacancies; call to fill them on a fixed timeline
- 7PIB: Conditional extension of timeline to small and medium pharmaceutical manufacturers for revised Schedule 'M'extension to 31 Dec 2025