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DCO India’s proposal to change name of D&C Act evokes mixed responses
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Peethaambaran, Chennai
July 18 , 2024
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The Drug Control Officers India’s (DCO India) proposal to the Union government to change the name of the Drugs and Cosmetics Act 1940 to ‘Bharatiya Aushadhi awam Chikitsa Upakaran Adhiniyam’ has received a mixed response from various regulatory officers and other stakeholders in India.
While some have reasoned that change of name of the Act is the need of the hour and should be done as early as possible, others have questioned the need and purpose of the exercise.
Pradeep Mattu, former joint commissioner and drug controller of Punjab, said the change of name will create confusion among international regulators as the D&C Act 1940 is an international act and it is followed by several countries. He said the Hindi name of the act cannot be understood even in certain parts of the country. Besides, the sections of the act are byhearted by the regulators in English, and it has taken years and years to learn it. He said he held some discussion with some police officers and advocates in Punjab about the Bharatiya Nyaya Sanhita and the IPC, and all of them said the new laws are confusing the officers. According to Mattu the change of name will become a failure of the regulatory system. Change is needed in the thinking level of the regulators.
Sumant Kumar Tiwari, JDC of Jharkhand drug control department said the name can be changed to Indian, but the standards should be global.
RP Chaudhury, president of the All India Drug Control Officers Confederation (AIDCOC) said it is the prerogative of the central government to change the name of the act as it is a central act. He said at the time of enactment of the act, it contained only 50 pages. But because of repeated amendments by Indian governments the act has now become a new act and it contains hundreds of pages. However, a new amendment is required in the law to get the culprits to get maximum punishments. The amendments should be in such a way that it should not disturb the framework of the constitution.
Former drug regulatory officer and secretary of the Bihar IPA, R. L. Bandyopadhyay said mere changing the name of Drugs and Cosmetics Act to "Bharatiya Aushadhi awam Chikitsa Upakaran Adhiniyam" will not stop the availability of prescription drugs without prescription, dispensing of drugs by non-pharmacists in retail pharmacies and hospital pharmacies, lending of pharmacist registration certificates to retail medical stores. What is needed is to implement the existing D&C Act and rules in letter and spirit.
The ex-drug controller of Kerala, Dr. Revi S Menon said the change of name of the D&C Act will affect the international acceptance of the Indian act. Several letters are being sent to different countries by the central and state regulators focusing on the act which is in English language. He said the change of name will affect the Indian business also.
The former Deputy Drug Controller of the CDSCO, Dr. Roy Choudhary said the D&C Act requires some changes to suit the present-day requirements. But he did not agree to a change of the title.
Jagdeep Singh, president of the SME Pharma Industries Confederation, said he will not agree with any alteration in the title of the drugs and cosmetics act as it will achieve nothing.
Dr. Jayanta Kumar Chaudhury, former president of the AIDCOC and ex-deputy director of the DCA in West Bengal has suggested that a change of name will hold little significance unless it is accompanied by robust provisions and stringent punitive measures to combat the menace of spurious and substandard drugs, cosmetics and medical devices. Ensuring safety, quality and efficacy of medical products for end users should be the primary focus. A straightforward name that is easily understood by the general public is always preferable. Effective legislation lies in its content and implementation rather than in its title.
Dr. Prabhakar Reddy Veerareddy, principal of the University College of Pharmaceutical Sciences in Mahabubnagar in Telangana said the pharmacy professionals are familiar with English terms for the last 300 years, so it is difficult to cope with the Hindi names.
R Narayana Swamy, former DDC in CDSCO in Delhi and advisor of IPGA Tamil Nadu unit has commented that he will not support a change in the name of the D&C Act as it is in English language. “Not agreeing to change the name to Hindi”, he told Pharmabiz.
The former drug control director of Tamil Nadu, Dr G Selvaraju said the change of name of the act will not serve any purpose, already the name of the act has been changed to Drugs, Medical Devices and Cosmetics Act.
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