Health Minister Mandaviya defends compromise provision in Section 27d of drug law

Tribune News Service

New Delhi, August 2

Union health minister Mansukh Mandaviya on Tuesday defended the recent amendment proposed in the 1940 drug law’s section 27 d which allows for compounding of offences with regard to manufacturing of certain misbranded and substandard medicines paving the way for out of court settlement in case of violation.

“This has been done very thoughtfully and it does not relate to drugs that can lead to death or cause bodily harm. This only pertains to drugs where there’s some defect of storage, dissolution etc, for example if someone produces paracetamol that should ideally have 500 mg salt but actually has 450 mg should we award maximum penalty to such a producer? Likewise suppose a drug is to be stored at a certain temperature but was not stored accordingly should the producer be sent to prison or sentenced to death penalty? For drugs causing bodily harm stringent provisions still remain,” Mandaviya said.

The Jan Vishvas Amendment Bill 2023 passed by Lok Sabha recently dials down section 27 d by retaining prison sentence (not less than 1 year and up to 2 years plus fine up to Rs 20,000) but allowing compounding of offence which would open the doors for settlement out of court and could harm consumer interest. Sources said the move is aimed to reducing litigation burden and allowing compounding of minor offences.

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