**Executive Summary**
The National Human Rights Commission (NHRC), India, conducted an Open House Discussion on "Measures to Curb Spurious Medicines in India." The discussion emphasized the risks of isolated regulatory challenges, the need for strengthened oversight, and the difference between spurious and substandard drugs. A key suggestion was the establishment of a comprehensive, centralised databank on spurious and substandard medicines.
**Key Points / Main Content**
* **Regulatory Challenges:**
* Isolated regulatory challenges can translate into large-scale human distress if not addressed decisively.
* The issue of spurious and substandard medicines requires urgent attention.
* Coordinated, multi-sectoral action is needed to address human rights violations related to medicines.
* **Proposed Solutions:**
* Establish a comprehensive, centralized databank on spurious and substandard medicines, integrating inputs from enforcement agencies, regulators, and states.
* Implement real-time drug testing mechanisms.
* Mandate QR codes and track-and-trace systems.
* Ensure compulsory use of NABL-accredited laboratories.
* Utilize AI-based anomaly detection in distribution patterns.
* Strengthen whistle-blower protection.
* Improve digital case tracking and public helplines.
* Examine regulatory safeguards concerning e-prescriptions.
* **Enforcement and Deterrence:**
* Establish special drug courts for expeditious trials.
* Enhance monitoring and regulatory compliance.
* Improve inter-agency coordination.
* Train law enforcement and judicial officers.
* Create victim compensation mechanisms.
* Collaborate with international bodies.
* **Distinction Between Drug Types:**
* Spurious drugs are produced and distributed as part of criminal activity, lacking identifiable manufacturers.
* Substandard drugs are out-of-specification authorized products failing quality standards.
* **Additional Suggestions:**
* Employ technological interventions for predictive analytics and supply-chain mapping.
* Institutionalize capacity-building programs for Drug Inspectors.
* Introduce a formal feedback mechanism for field-level investigations.
* Establish a sustained, intelligence-driven vigilance framework.
* Document and replicate effective state regulatory practices.
* Consider establishing a coordinated center-state joint enforcement mechanism.
* Transfer pending cases to competent Sessions Courts.
**Impact Analysis**
* **Stakeholders:**
* Senior government functionaries from the central and state governments.
* Regulators.
* Law enforcement authorities.
* Domain experts.
* Representatives from the pharmaceutical sector.
**Impact**
* The document affects their roles in regulating, manufacturing, distributing, and overseeing the quality and safety of medicines.
**Action Required**
* Implement the discussed measures to curb spurious medicines, enhance regulatory oversight, and strengthen enforcement mechanisms.
Key Entities Referenced
National Human Rights Commission (NHRC), India: The primary organizer of the Open House Discussion regarding measures to curb spurious medicines in India.
Measures to Curb Spurious Medicines in India: The topic of the Open House Discussion. It serves as the main scope of the policy under discussion.
Drugs and Cosmetics Act, 1940: Law that defines 'spurious drugs' and 'substandard drugs' under Section 17-B. Mentioned during the discussion.
National Human Rights Commission
NHRC, India, organises an Open House
Discussion on “Measures to Curb Spurious
Medicines in India”
NHRC Member, Justice (Dr.) Bidyut Ranjan Sarangi chairing
the meet emphasises risks of isolated regulatory challenges
translating into large-scale human distress if not addressed
decisively and systematically
NHRC Member Smt. Vijaya Bharathi Sayani says, the issue
requires to be urgently addressed by placing in place
strengthened oversight and accountability mechanisms in the
pharmaceutical ecosystem
Secretary General, Shri Bharat Lal highlights spurious drugs
being different from substandard drugs but both require
coordinated institutional action to combat the menace
Among various suggestion from the discussions involving
multi-stakeholders stress upon the need to establish a
comprehensive, centralised databank on spurious and sub-
standard medicines, integrating inputs from enforcement
agencies, regulators and states
Posted On: 26 FEB 2026 4:36PM by PIB Delhi
The National Human Rights Commission (NHRC), India organised an Open House Discussion (OHD) in
hybrid mode on the theme ‘Measures to Curb Spurious Medicines in India’ at its premises in New Delhi.
NHRC Member, Justice (Dr.) Bidyut Ranjan Sarangi chaired it. NHRC Member, Smt. Vijaya Bharathi
Sayani; Former Member, NHRC, Shri Rajiv Jain; Secretary General, Shri Bharat Lal; Director General
(Investigation), Smt. Anupama Nilekar Chandra; Registrar (Law), Shri Joginder Singh; Joint Secretaries,
Shri Samir Kumar, Smt. Saidingpuii Chhakchhuak; along with senior government functionaries from the
centre and state governments; regulators; law enforcement authorities; domain experts and representatives
from the pharmaceutical sector participated.Justice (Dr.) Bidyut Ranjan Sarangi said that in a country as vast and diverse as India, even isolated
regulatory challenges can translate into large-scale human distress if not addressed decisively and
systematically. He said that growing threat posed by spurious, substandard and falsified medicines and its
direct implications on the right to life and health, demands coordinated, multi-sectoral action to address
this grave issue of human rights violation.
NHRC Member, Smt. Vijaya Bharathi Sayani reflected on the human cost of substandard treatment. She
recalled how a member of her family suffered permanent loss of eyesight due to improper treatment and
the use of poor-quality medicines. She said that the issue requires to be urgently addressed by placing in
place strengthened oversight and accountability mechanisms in the pharmaceutical ecosystem.Former NHRC Member, Shri Rajiv Jain emphasised that to strengthen enforcement and deterrence, there
is a need for establishing special drug courts for expeditious trial of the accused; real-time drug testing
mechanisms; mandatory QR codes and track-and-trace systems, including blockchain-based supply chain
authentication. He also stressed upon compulsory use of NABL-accredited laboratories; AI-based anomaly
detection in distribution patterns; surprise inspections; strengthened whistle-blower protection; digital case
tracking; creation of a centralised national database on spurious drug cases; improved public helplines;
and examination of regulatory safeguards concerning e-prescriptions.
Before this, setting the tone for deliberations, NHRC Secretary General Shri Bharat Lal underscored that
the discussion is focused on spurious drugs but both spurious and substandard medicines impacts the right
to life and health, calling for coordinated institutional action to combat the menace. He emphasised that
citizens consume medicines in good faith, trusting the state’s obligation to safeguard life and dignity and
cautioned that any breach may result in violation of human rights of the victims. Stressing that ‘medicines
must heal, not harm,’ he also highlighted the clear distinction between ‘spurious drugs’ in different
manifestations defined under Section 17-B of the Drugs and Cosmetics Act, 1940 and ‘substandard drugs’
(out-of-specification authorised products failing quality standards/specifications). Citing the National
Survey on Drugs, he noted that about 10% of government samples were found substandard.Shri Lal further said that spurious drugs are produced and distributed as part of criminal activity with no
clearly identifiable manufacturer, which require criminal investigation, whereas manufacturers of
substandard drugs can be traced. He said that the NHRC has been very proactively taking suo motu
cognizance of such reported incidents of rights violation due to alleged consumption of spurious
medicines. In this context he referred to its one of the recent notices sent in October 2025 to the
Governments of Madhya Pradesh, Rajasthan and Uttar Pradesh and to Union health and regulatory
authorities following media reports of children allegedly succumbing after consuming contaminated cough
syrups. The Commission directed a comprehensive supply-chain investigation and mandated state
laboratories to submit sample test reports, underscoring the urgency of coordinated regulatory action.
Dr. Keshav Kumar, Special Rapporteur, NHRC, who has undertaken extensive research on the subject,
proposed enhanced monitoring, creation of central and state-level task forces, strengthening of regulatory
compliance, improved inter-agency coordination, training of law enforcement and judicial officers, victim
compensation mechanisms and collaboration with international bodies. He highlighted trends, including
low conviction rates in spurious drug cases, significant delays in investigation and adjudication and a
higher prevalence of substandard samples in certain procurement channels. He emphasised that there is a
need to clearly distinguish between “spurious drugs” - counterfeit, fake or deliberately mislabelled
products and “substandard drugs” - genuine products that fail to meet prescribed quality standards.
Ms. Nishtha Tiwari, Joint Secretary, MHA, highlighted key interventions by the Ministry to combat the
scourge of spurious drugs. She also underscored the critical importance of addressing this issue. Shri
Chandrashekhar Ranga, Joint Drugs Controller (DCGI), highlighted the steps already undertaken by the
drug regulatory authorities, including coordinated inspections, strengthening of surveillance systems and
enhanced training of drug inspectors. He emphasised the need for continued capacity building to addressemerging challenges. Shri Prashant Reddy T., author of The Truth Pill, underscored the importance of
rigorous quality assurance and transparency. He also highlighted regulatory and bioequivalence concerns,
observing that not all generic formulations necessarily behave identically to the innovator drug.
The discussion also examined recent enforcement trends, including coordinated inter-state investigations,
invocation of organised crime provisions in counterfeit drug cases and the evolving jurisprudence of the
Supreme Court and High Courts relating to prosecution, police jurisdiction, victim rights and trial
procedures. The participants were invited to submit further detailed written suggestions to the Commission
to enable NHRC to finalise its recommendations.
The other multi-sectoral participants and stakeholders included Ms. Anupama James, AIG, National
Investigation Agency; Shri P. Krishnamurthy, Chairman, NPPA; Ms. Sai Ahlladini Panda, Member
Secretary, NPPA; Dr. Keshav Kumar, IPS(Retd.), Indian Pharmaceutical Alliance; Shri Om Prakash
Sadhwani, Joint Commissioner (Retd.), FDA; Dr. N.R. Saiyad, Deputy Commissioner, Food and Drug
Controller Administration (FDCA); Dr. Bhoomika Patel, Dean, School of Pharmacy, NFSU; Dr. P.K.
Sharma, Professor and Head, Department of Pharmacology, SLB Medical College; Prof (Dr.) Yogendra
Kumar Gupta, President, AIIMS Kalyani; Shri Ankit Gupta, President, ASPA; Shri Harish K. Jain,
National President, Federation of Pharma Entrepreneurs (FOPE); Shri Narendra Ahooja, Regulatory
Advisor, FOPE; Shri Sandeep Sikaria, FOPE; Dr. Ilyas K.P.A., Deputy Director Bureau of Police
Research and Development (BPR&D); Shri Dube Patil, FDA Commissioner, Maharashtra.
Some of the other suggestions that emanated from the discussions were as follows:
• There is a need to establish a comprehensive, centralised databank on spurious and sub-standard
medicines, integrating inputs from enforcement agencies, regulators and states;
• Technological interventions should be done to facilitate predictive analytics, pattern recognition, supply-
chain mapping and early risk detection;
• Capacity-building of Drug Inspectors through structured and periodic training programmes should be
institutionalised;
• A formal feedback mechanism may be introduced to document field-level investigative processes
adopted by trained officers, including evidence collection, prosecution strategy, and inter-agency
coordination to serve as a model protocol for nationwide adoption;
• A sustained and intelligence-driven vigilance framework is essential. Preventive surveillance, market
sampling and coordinated inspections should be strengthened, with emphasis on identifying repeat
offenders and vulnerable supply-chain nodes;
• Best practices from states demonstrating effective regulatory performance should be systematically
documented, benchmarked and replicated across jurisdictions through inter-state coordination platforms;• Consideration may be given to establishing a coordinated centre–state joint enforcement mechanism
dedicated to monitoring and combating spurious and sub-standard drugs; and
• Take appropriate steps to ensure that pending cases currently before Judicial Magistrate First Class
(JMFC) courts or other subordinate courts are transferred to the competent Sessions Courts in light of the
Supreme Court judgment that offences under the Drugs and Cosmetics Act are triable exclusively by
Sessions Courts.
***
NSK
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