Their greed for making quick bucks out of spurious drugs and a subtle built-in mechanism helping the stake holders to get away with impunity have thwarted all official steps to put an end to the ever thriving business of spurious drugs.

The National Health Policy 2002 seeks to achieve acceptable standards of health and fitness for all people of India including the poor and underprivileged. Such lofty ideals cannot benefit the people at large unless the menace of thriving spurious drugs is tackled effectively. There is no guarantee, what so ever, that the medicines that people buy are genuine and pure because of built-in malpractices where the stakeholders have developed vested interests in thwarting all attempts to ensure availability of genuine drugs. The menace of fake drugs is rampant in slums, small towns, mofussil towns, hilly, backward, tribal and rural India. The one and only factor that prevents effective deterrent action to end spurious drugs menace is corruption.

India's global presence in drugs and pharmaceuticals is substantive. It ranks 4th in volumes and 14th in value. According to a latest official figure, as in January 2010, the size of drug production in the country is worth Rs.85,000 crores including exports of Rs.35,000 crores. Whereas there is no authentic data available about the size and dimensions of spurious drugs, a rough estimates, however, indicate the size worth Rs.50,000 crores. This is all because of rampant corruption in the system indicating collateral inability of all concerned to end the menace of spurious drugs.

To check menace of unscrupulous manufacturers and traders of spurious drugs, the Drugs and Cosmetics Act has since been amended and enforced by a notification with effect from August 10, 2009. The Centre has issued guidelines for action on samples of spurious drugs or drugs of substandard quality, with enhanced penalties under the amended Act. This is intended to be implemented properly and uniformly. In this connection, official sources in the Union Ministry of Health and Family Welfare revealed that the Central Government has solicited proactive participation of State Governments in effective implementation of the amended Act through an Advisory.

Besides, detailed guidelines, in consultation with the stake holders, have been issued by the Drugs Controller General of India for proper, impartial and uniform implementation of provisions of the amended Act. Added to this, a whistle blower policy has been started by the Government of India to encourage vigilante public participation in the detection of spurious drug production, distribution and sales across the country. The policy provides for rewarding suitably the informers for concrete information to the regulators.

The features of the whistle blower scheme include a reward of Rs.25 lakhs. Identity of the informer will be kept secret. Scheme will be monitored by a Committee headed by Director General Health Services (DGHS) as Chairman. The committee will comprise other Government officials, NGOs and lawyers. In addition, designated nodal officials in the Drugs Controller General (India)'s will receive complaints or information.

According to the Union Ministry of Health and Family Welfare, the nodal Ministry for provision of health and fitness of the people of India, the drugs control organisation is being strengthened comprehensively. All vacant posts are being filled up on fast track. The Government has also created 216 new posts in various grades including 137 posts of Drugs Inspectors, which are being filled up. Besides, 250 personnel at various levels are being appointed on contract.

Be it as it may, the amended Act falls short of the public expectations. The people of India will not rest unless the law is further amended to provide for capital punishment, commonly known as death penalty to put an end to the menace of spurious drugs. Simultaneously, the Government of India should consider on a war footing withdrawal of the protection of Article 311 to the Government employees by amending the Constitution of India so that they perform or perish to the public satisfaction. These two pronged actions of the Government will go a long way to end the menace of spurious drugs apart from corruption in all spheres of public activities in order to improve delivery of intended goodies to the people. The Government employees, the real implementation tools and prime culprits, should be kept on tenterhook by withdrawing the Constitutional protection to their jobs so that fear of job loss for their failure to deliver will automatically work as deterrent against corruption and non performance. All tricks in the Government kitty, tried so far, have failed. Without such a deterrence, all welfare measures for the people, will not succeed meaningfully!#