India: The Drugs and Cosmetics Act
The Drugs and Cosmetics Act, 1940 is an Act which regulates the import, manufacture, distribution, sale & clinical research of drugs and cosmetics.
Pharmaceuticals were being imported from abroad. In 1920 Indian manufacturing sprang up to produce pharmaceuticals at cheaper rates to compete with foreign products. Some of these products were of poor quality and harmful. Government, therefore, decided to introduce this act.
The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and quality standards
History:
This act was originally known as the Drug Act and was passed in 1940. The act was prepared in accordance with the recommendations of the Chopra Committee formed in 1930. The related Drugs Rules were implemented in 1945. Since 1940, the act has undergone several amendments and is now known as the Drugs and Cosmetics Act, 1940. The definition however excludes soaps. In 1964, the act was amended to include Ayurveda and Unani drugs.
The Drugs and Cosmetics Act, 1940 was passed in all states except Jammu and Kashmir
Main features of the Drugs and Cosmetics Act:
· To ensure standards of Drugs and Cosmetics, Diagnostics and Devices.
· To monitor quality of drugs and medicines imported, manufactured, distributed & sold.
· To regulate clinical research and publication of Indian Pharmacopoeia.
Penalties Related To Import
OFFENCES
1) Import of Spurious or Adulterated Drug or Drug which involves Risk to Human beings
2) Contravention of the Provision
PENALTIES
A) 3 Years imprisonment and 5000 Rs Fine on First Conviction
B) 5 Years imprisonment and 1000 Rs Fine or Both for Subsequent Conviction
Cosmetics Prohibited to Import
1) Misbranded Cosmetics
2) Spurious Cosmetics
3) Cosmetics Containing Harmful ingredients
4) Cosmetics not of standard Quality
The Central Government can give directions to any State Government which may seem necessary to Central Government for carrying out execution of any of the provisions of this act in the state.
The Govt of India has made a law to stop misuse of drugs and cosmetics but the law is not fully active in the country. Prescription drugs are still sold without prescription which has resulted in 18.7% deaths every year due to misuse of drugs in the country.
Argentina:Law of National Programme of Sexual Health and Responsible Parenthood
Argentina has had strong reproductive health laws ever since the year 1991. It was a national program made with the agreement of the public for reproductive health policies. It is believed that the reproductive healthcare in Argentina is marked by the gender, access to healthcare and even by age. Due to this reason rural population, not well educated, are most affected by unwanted pregnancies and maternal and infant mortality. In implementation of sexual and reproductive health policies, the government faced many political as well as ideological barriers to introducing such changes.
In a survey conducted by National Women’s Council in the year 1994, around 200 women over the age of 18 living in Buenos Aires were surveyed. Surprisingly, around 80% of women said that sex education should be provided in schools, colleges and even with the help of media. Around 98% of them supported the sex education to consist of sexually transmitted diseases, 98% of them wanted menstruation, 96% chose delivery and pregnancy, violence and abuse (sexual) was preferred by 92%, 91% chose physical changes in adolescences and homosexuality and masturbation was chosen by around 90% of the women surveyed.
Even though this policy was highly appreciated and was accepted by the majority, the officials faced many challenges like the number of sites meant for such programs should be increased, the role of public services should be increased and resisting the conservative attacks that could be made. The reproductive health policy aims to prevent sexually transmitted diseases like STD’s and HIV, unwanted pregnancies and even educate people about health. These programs will be available at every primary health care centre and every public hospital in the city.
Problems and the recommendations regarding the Policy
The two major problems with such a policy according to users of women services as well as professionals are that the lack of education and lack of awareness of sex education is the main obstacle while, women disagreed to it stating that the level of sex education is inadequate and that’s the major reason. All in all, everyone agreed to the need of intervention. The Ombusperson’s office had made a brochure that listed all the already existing national as well as local sexual health laws as well as the reproductive healthcare laws. The program head also suggested the need to have proper training for the staff as well as the administration members. It was looked into and many training workshops were also conducted. Although majority of the issues were discussed and a solution was found, there are still many aspects that needs to be looked into and a solution has to be found for issues such as better infrastructure, to have a better working environment for women and also address the issue of staffing in such sectors.
To conclude, both human rights and public health policies should be brought together to have better healthcare policies.
Anjali Thomas and Kanhaiya Chaudhary
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