CDSCO Issues New Guidelines to Decriminalize Minor Drug Violations Under Jan Vishwas Act
The Central Drugs Standard Control Organization (CDSCO) has released guidelines to operationalize legal changes aimed at compounding minor drug violations. This follows the Jan Vishwas (Amendment of Provisions) Act, which seeks to "decriminalize and rationalize offences" to improve the ease of doing business. Instead of criminal prosecution, firms can now settle certain technical non-compliances under the Drugs and Cosmetics Act, 1940, by paying fines. However, experts warn against the guidelines becoming a "pay and pass" scheme, emphasizing the need for transparency and public disclosure of compounding orders to maintain safety standards.
Key Points
- The guidelines allow for the compounding of offences like stocking or selling drugs in breach of specific sections of the 1940 Act.
- Compounding provides immunity from prosecution for that specific case upon payment of a fine.
- Critics argue that the lack of public reporting on repeat offenders could undermine consumer safety.
- The move is part of a broader government effort to reduce the compliance burden on the pharmaceutical industry.
Exam Facts
- Jan Vishwas (Amendment of Provisions) Act.
- Drugs and Cosmetics Act, 1940.
- Section 32B of the 1940 Act covers compounding of offences.
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