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Supreme Court Advocates Nationwide Mandate for Generic Drug Prescriptions

Court highlights unethical pharma practices and frames generics as essential to reducing costs and enforcing the Right to Health.

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Overview

  • The Supreme Court observed that doctors across India should be required to prescribe only generic medicines instead of branded drugs.
  • The remarks were made during a hearing of a PIL filed by FMSRAI, which challenges unethical pharmaceutical marketing practices and invokes the Right to Health under Article 21.
  • The Court noted Rajasthan's existing directive mandating generic prescriptions and suggested extending such measures nationwide.
  • Petitioners alleged that pharmaceutical companies spend heavily on promotions and bribes to push overpriced drugs, citing the example of Rs 1,000 crore spent on freebies by a major drug manufacturer.
  • The Court emphasized that a nationwide generic prescription mandate could reduce medical costs, curb overuse, and combat drug dependence, with the next hearing scheduled for July 2025.