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New Delhi, May 2, 2025:
The Supreme Court of India has strongly advocated for a statutory mandate requiring doctors nationwide to prescribe only generic medicines, rather than branded drugs, in a bid to curb unethical marketing practices by pharmaceutical companies and reduce healthcare costs for patients.
During a recent hearing of a Public Interest Litigation (PIL) filed by the Federation of Medical & Sales Representatives Association of India (FMRAI), the apex court observed that such a mandate could address the persistent problem of pharmaceutical companies allegedly bribing doctors to promote expensive branded drugs over more affordable generic alternatives. The court highlighted the executive instruction in Rajasthan, where doctors are already required to prescribe only generic medicines, as a successful example that could be replicated across the country.
Justice Sandeep Mehta, part of the three-judge bench, remarked, “We believe that doctors should be mandated only to prescribe generic medicines. That will fall in line with what you are praying… In Rajasthan, there is now an executive instruction that every medical professional will have to prescribe only generic medicines. They can’t prescribe by any company name. That should take care of the things. The bench further noted that if such a directive were implemented nationwide, it would bring about a significant positive change in the healthcare sector.
Background and Current Framework
The PIL contended that the pharmaceutical industry’s voluntary code-known as the Uniform Code of Pharmaceutical Marketing Practices (UCPMP)-is insufficient, as it is not legally binding and does not effectively prevent companies from offering inducements to doctors. The petitioners argued that this leads to over-prescription, higher medical costs, and potential harm to patients through unnecessary or irrational drug use.
The Union Government informed the court that the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, already mandate doctors to prescribe drugs by their generic names. However, enforcement remains inconsistent, and the recent National Medical Commission Registered Medical Practitioners Regulations 2023-which would have strengthened this mandate-have been put on hold after opposition from sections of the medical fraternity over concerns about the quality of generic medicines.
Next Steps
The Supreme Court has scheduled the matter for further hearing in July, indicating that it will consider whether to issue guidelines or direct the government to enact a statutory mandate. The bench also took note of the ongoing review by a high-powered committee on this issue, though no concrete recommendations have been submitted yet.
Implications
If implemented, a statutory mandate for generic prescriptions could:
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Reduce the influence of pharmaceutical marketing on medical practice
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Lower the cost of medicines for patients
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Enhance transparency and rationality in drug prescriptions
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Serve as a model for ethical healthcare regulation nationwide
Disclaimer
This news article is based on publicly available information and recent court observations as reported by Medical Dialogues, Live Law, and other news sources. The Supreme Court’s remarks are currently observations and not a final order or law. The matter remains sub judice, and further developments are expected following the next hearing scheduled for July 2025. For the most accurate and up-to-date information, refer to official court documents and government notifications.
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