The Massive Failures of India's Drug Regulatory System | Pulitzer Center

  • India is globally recognized as the 'Pharmacy of the World', producing nearly 20% of the world’s generic medicines.
  • Indian pharmaceuticals are consumed in both developed and developing countries, strengthening India’s role in global healthcare.
  • However, regulatory weaknesses, quality failures, and poor consumer trust are raising questions on India’s credibility.

2. Structure of India’s Drug Market

  • True Generics: Patent-free, cheaper medicines ensuring affordable access.
  • Branded Medicines: Patented, innovative drugs with high cost due to exclusivity.
  • Branded Generics (87% share): Off-patent drugs sold under brand names at higher prices than true generics.
  • Problem: Patients face higher costs without receiving innovation benefits—called the 'worst of both worlds.'

3. Weaknesses in India’s Pharmaceutical Regulation

  • Delayed Safeguards: Good Manufacturing Practices (GMP), inspections, and pharmacy vigilance were adopted late.
  • Fragmented Policy: Reforms came through piecemeal notifications, not holistic laws.
  • Institutional Fragmentation:
  • - CDSCO (Central Drugs Standard Control Organization): Approves new drugs, imports, trials.
  • - State Drug Regulatory Authorities (SDRAs): Handle licensing, monitoring, prosecutions.
  • - DTAB, DCC, CDL: Advisory, coordination, and testing roles.
  • Issue: Centre–State division leads to duplication, weak enforcement, and gaps in accountability.

4. Key Challenges in Drug Quality & Regulation

  • Enforcement Weakness: Overlapping jurisdictions, weak penalties, and poor monitoring.
  • State-Level Constraints: Lack of labs, inspectors, and technical training; inadequate resources reduce the ability to check spurious/substandard drugs.
  • Dependence on Imports: APIs largely sourced from China and Taiwan, creating supply chain and quality risks.
  • Financial Constraints: Regulators depend on delayed government funds, affecting efficiency.
  • Lack of Transparency: No centralized database of manufacturers, unclear timelines, poor record-keeping.
  • Pharmacy vigilance Gaps: Limited reporting of adverse drug reactions (ADR), weak communication of outcomes.
  • Data Integrity Issues: Several Indian firms flagged for unreliable research and testing practices.

5. Consumer Behavior & Trust Deficit

  • Most patients prefer branded generics despite the availability of cheaper true generics.
  • Reasons: Aggressive marketing by pharmaceutical companies and lack of government-led awareness campaigns.
  • Result: Erosion of trust in both domestic consumers and international markets.

6. Regulatory Measures Taken

  • Strengthening of States’ Drug Regulatory System (SSDRS) – support for labs and regulators.
  • 2008 Amendment to DCA – stricter penalties for spurious drugs, some offences made non-bailable.
  • Mandatory Inspections before granting manufacturing licenses (Rules, 1945).
  • Schedule M Revision – adoption of WHO-GMP standards.
  • Pharmaceuticals Technology Up gradation Assistance Scheme (PTUAS) – financial support for small units (turnover < ₹500 crore).
  • Special Courts – fast-track cases under the Drugs and Cosmetics Act.

7. New Frontiers in Drug Sales

  • Online Pharmacies: Studies show unsafe practices (delivery without prescription).
  • Retail Chains: Evidence of better quality control and small reduction in prices; potential if strictly regulated.

8. Way Forward

  • Strengthened Regulation: More funding for inspections, licensing, and testing.
  • Financial Autonomy: Regulators should generate and manage their own revenue.
  • Digital Reforms: Centralized drug database, real-time pharmacy vigilance through digital reporting, better record-keeping and transparency.
  • Consumer Awareness: Sustained campaigns to promote trust in generics.
  • Uniform National Standards: Greater centralization of regulatory powers in CDSCO, better coordination with SDRAs.
  • Capacity Building: Training drug inspectors, upgrading labs, and ensuring adequate staff at both Centre and state level.

9. Conclusion

  • India’s pharmaceutical industry is a pillar of global healthcare, but its reputation is at risk due to regulatory lapses, over-reliance on branded generics, and weak consumer trust.
  • To sustain its role as the 'Pharmacy of the World', India must:
  • - Shift from reactive to proactive regulation.
  • - Strengthen Centre–State cooperation.
  • - Improve consumer awareness about true generics.
  • - Invest in digital monitoring and robust inspections.
  • Success in these reforms will secure India’s global reputation, safeguard domestic public health, and support its economic future.