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Supreme Court Endorses Mandate on Generic Drug Prescriptions, Calls for Nationwide Implementation

The petition highlights concerns over pharmaceutical companies allegedly incentivizing doctors with gifts, foreign trips, and other benefits to promote expensive branded drugs over affordable generics.

• By Newsdesk
• New Delhi
• May 03, 2025

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In a significant push towards ethical medical practices, the Supreme Court of India has lent its support to a directive requiring doctors to prescribe generic medicines, emphasizing the potential for a nationwide rollout to combat rampant unethical marketing in the pharmaceutical industry.

The apex court was hearing a Public Interest Litigation (PIL) filed by the Federation of Medical & Sales Representatives Association of India (FMSRAI) and Amitava Guha of JSA India. The petition highlights concerns over pharmaceutical companies allegedly incentivizing doctors with gifts, foreign trips, and other benefits to promote expensive branded drugs over affordable generics.

A three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta referred to a similar order passed by the Rajasthan High Court and observed that statutory backing for generic prescriptions would effectively curb doctors from recommending costlier branded alternatives. The court further suggested that implementing such a mandate across the country could significantly reduce unethical practices in drug marketing.

Petitioners argued that the existing voluntary Uniform Code of Pharmaceutical Marketing Practices has failed to deter misconduct in the sector. They also pointed out that the high-level committee set up by the Centre to address these concerns has yet to take meaningful action.

Senior Advocate Sanjay Parikh, appearing for the petitioners, called for stringent legislation to prevent pharmaceutical companies from influencing medical professionals through inducements. “There needs to be a law banning such unethical practices. It’s time to protect patients from the commercialization of healthcare,” he told the court.

In the absence of legal enforcement, the petitioners urged the Supreme Court to introduce interim guidelines until the government enacts a binding code.

This judicial intervention comes amid contrasting developments across states. Last month, the Orissa High Court ruled that a doctor cannot face criminal charges for prescribing a particular brand unless the drug is found to be substandard or restricted by regulatory authorities.

The debate around generic drug prescriptions gained traction in 2023, when the National Medical Commission (NMC), under the Registered Medical Practitioner (Professional Conduct) Regulations, mandated doctors to prescribe generic drugs and imposed penalties for violations. However, strong opposition from the Indian Medical Association (IMA) led to the government rolling back the directive. The IMA had argued that without uniform quality assurance for generics, such a mandate would be premature and potentially harmful.

With the Supreme Court now weighing in, the conversation around ethical medical practice and affordable healthcare is likely to intensify, pressuring policymakers to take a firmer stance.