CHALLENGES FACED BY INDIAN PHARMA INDUSTRY DURING COVID-19

In the unfortunate times of the COVID-19 pandemic health care industry was affected in a dire way along with the human civilization. Issues concerning malpractices and relationship between the patient and the doctor have been raised. India has been fighting the obstinate virus without any specific health care law and regulations. Laws that have been used to fight the pandemic are Disaster Management Act (2005), Indian Epidemic Disease act and the Indian Penal code (1860). Moreover, regulations and policies were enacted to fight the pandemic. As all the eyes are on the health care system and it has more responsibilities than ever, it is imperative for it to function properly and within the laws and regulations. Attempts have been made by the authorities to make doctors aware of their rights and protect the health care system from irksome litigations.

CHALLENGES

In unfortunate and unlikely situations like this mistake tend to happen. Authorities and doctors in condition like these operate the patient under the special protection that have been granted to them i.e., under the “good faith’. However, various dangers are being faced by the doctors in the present litigious world. Furthermore, doctors and medical practitioners aren’t fully aware of their rights and protections provided to them.

Doctors have been facing physical violence across the quarantine centers and inside the hospital. A study by the Indian Medical Association shows that 75% of the doctors in India have faced violence at some point of their career, mostly being verbal threats and abuse. In March 2020 “Telemedicine guidelines” were issues by the Indian government. These guidelines permitted Indian doctors to provide consultation and prescribe medicines on a call. Do’s and Don’ts have been mentioned in these guidelines for the doctors and patients which acted as a protection for the medical practitioners. Furthermore, the term “healthcare” was removed from the consumer protection bill, 2020, for protecting and granting immunity to doctors against aggrieved families which moved to consumer courts. Therefore, disgruntled families or an individual can no longer move to consumer courts for suing the doctor for medical negligence or filing a complaint.

BLACK MARKETING OF MEDICINES

When the whole country was going through the unfortunate times, some pharmaceuticals and individuals were black marketing the essential medicines, equipment’s, oxygen, and injections.

The demand and supply cycle were disrupted during the second wave of COVID-19. There have been reports of cheap remdesivir being sold in certain areas, people in need of these medicines have been paying for the hoax injections and medicines. Time has come when laws regarding the black marketing and hoarding have to be made stricter. Terminologies of “black marketing” and “hoarding” have not been defined under the Indian law. Various acts and statutes have to be read to understand the concept of these undefined terms.

ACTIONS BEING TAKEN

A press release was made by the Ministry of Chemicals and Fertilizers where it was assured that supply of each COVID-19 drug would be monitored by the government. A three-pronged strategy was framed for monitoring the route of these drugs i.e., Supply Chain Management, Demand Side Management and Affordability.

Private and government hospitals were requested by the authorities to establish a mechanism for supply of these drugs for there equitable distribution. Furthermore, drug and pricing authority of India have been assigned to coordinate and increase the manufacture of the drugs required in urgent, to collect data of stocks available and to keep demand and supply in control.

The central drug standard control authority directed all the states to keep vigilance in sensitive areas, take stringent action against hoarding and black marketing and conduct a special drive to investigate the areas where remdesivir has been sold for higher prices.

CONCLUSION

Medical law is going through and evolvement, unprecedented circumstances are brewing up in the country due to which this industry has been harshly affected. There was a weak legal preparedness for the medical field and the laws which already exist are not known by much medical practitioners and the patients. Doctors are required to be made aware about their rights. Furthermore, there has been a rampant misuse of the pharmaceutical industry in the unfortunate times, malpractices were prevalent and medicines, equipment’s and other facilities were being provided at higher prices. Furthermore, doctors should be provided with appropriate facilities for curing the patient. The malfunctioning in the system can be improved through a collective effort of the government and people.