Will the draft Drug Act establish discipline in the drug sector?

Bangladesh is almost self-sufficient in drug production. Although several drugs are imported from abroad, the country exports more than that. Drugs from Bangladesh are being exported to developed countries like Europe and the USA. Just as it is a bright side, the dark side is that in Bangladesh, counterfeit drugs are also manufactured by eluding eyes of the administration.

The government provides billions of Taka's worth of drugs to the country's hospitals and clinics for free. Government hospitals and health centers are supposed to provide the drug free of cost to the patients. But due to the manipulation by a class of corrupted officials of hospitals and clinics, some of the drugs are smuggled out. Patients undergoing treatment in government hospitals are forced to buy drugs from outside instead of getting free drugs.

To end this anarchy, the cabinet approved the Drugs Act 2022 (draft) to prevent the theft of government medicines, adulteration of drugs, and production of drugs without a license. Till now, the Drug Ordinance 1982 and the Drug Act 1940, as well as the Drug Policy of 1984, have been followed. This draft law has consolidated and updated the old laws.

According to this law, stealing and selling government drugs is punishable with 10 years imprisonment and a fine of Tk 10 lakh or both. This provision will ensure the right to free access to allocated drugs in government hospitals. Apart from that, the wastage of government money and mismanagement related to medicines in government hospitals will be stopped.

On the other hand, due to the lack of an appropriate legal framework, it was challenging to bring unauthorised drug importers under accountability, but under this law, it will be a punishable offence. As per this law, without proper authority, registration, manufacturing, importing, distributing, stockpiling, displaying, or selling drugs will be an offence. It will be punishable with rigorous imprisonment for 10 years, fine not exceeding Tk 10 lakh, or both. This provision is expected to bring discipline to the pharmaceutical sector and stop using adulterated and harmful drugs.

In our country, in the name of selling drugs, various illegal practices are carried out in different public places. Those who do not have any approval or even the slightest idea about the drugs mislead people and sell unlicensed drugs. As a result, people suffer physically and financially. Provisions have been made in this Act to prevent these; according to the draft law, ferrying allopathic, Unani, Ayurvedic, Homeopathic, Biochemical, Herbal, or any other medicines on footpaths, highways, and public transport and distributing them free of charge will be punished with rigorous imprisonment for a term not exceeding two years, with fine up to Tk 2 lakh Taka or with both.

The Act provides severe penalties for selling expired drugs. According to this law, unscrupulous persons who sell drugs after the expiry date will be punished with a penalty and fine or both. A maximum of 14 years of rigorous imprisonment or a fine of Tk 20 lakh or both will be imposed.

It is a common occurrence in various medicine shops across the country to sell antibiotic drugs without a prescription from a registered doctor. Like this, taking antibiotics without a doctor's prescription harms the human body. According to this law, it is prohibited to sell antibiotics without a prescription from a registered doctor. Violation of this section is punishable by a fine of Tk 20,000. 

Consumers have always demanded that the government set the prices of all drugs regularly, and the draft law has mentioned the formation of price-setting committees.

According to the law, the price of drugs will be fixed by the Drug Price Fixing Committee. The matter of sorrow is that, based on which criteria the prices of drugs will be set and the functions of the said committee are not specified and detailed out. As a result, there is a kind of apprehension about drug price control.

The law also clearly describes the trial of drug-related offences. No court other than a drug court or a special magistrate's court can try these crimes. The Drug Court or the Special Magistrate Court will not conduct any trial without the written report of the Director General of Medicine or the Officer-in-Charge, and the government will establish Drug Courts through gazette notification.

Common people will be benefited from the law only when there is proper implementation of the law. After making the law, the biggest challenge is its implementation. For that, the responsible authorities should be given freedom in discharging their responsibilities, and an adequate number of special courts or tribunals should be set up to try these sector-related offences. It is hoped that the proper implementation of law will establish discipline in the drug sector.

The Writer is a Student of Law, University of Asia Pacific.