Jan Vishwas Bill, 2023: Concerns over Section 27 compromise clause

Aditi Tandon

New Delhi, July 28

The government on Friday allayed concerns arising from a provision of a compromise clause in the Jan Vishwas Bill, 2023, passed by the Lok Sabha, in respect of a specific section of the Drugs and Cosmetics Act, 1940, that covers a certain category of misbranded medicines.

The Bill passed yesterday makes Section 27 (d) of the drug law “compoundable”. Compoundable offences are those that can be compromised and where the complainant can agree to take back the charges against the accused, whereas non-compoundable offences are more serious offences in which the parties cannot compromise.

The Jan Vishwas Bill, while retaining the penal provisions under Section 27 (d), makes it compoundable — a move that has raised concerns.

Public health activist Dinesh Thakur said, “The Lok Sabha has passed the Jan Vishwas Bill, 2023, with little debate. This Bill fulfils a long-standing wish list of the industry that if you suffer bodily harm from substandard medicine, no one will be held punitively accountable.”

Opposition MP Asaduddin Owaisi of the AIMIM also expressed concerns saying, “When we buy a medicine, we assume the government has verified that it will work and it won’t harm us. But proposed amendments will now reduce punishments for medicines that aren’t of standard quality. It benefits big business but harms all of us. Very dangerous.” The government dismissed fears saying the proposed amendment does not cover adulterated and spurious drugs that cause bodily harm.

“The amendment does not cover the following drugs — those identified as injurious to health; those that may cause bodily injury or death or contain toxic substances, those manufactured in unsanitary conditions or without a licence, those that contain any substance to reduce its quality; those made under a name which belongs to another drug (spurious); those that contain labels or packaging to imitate another drug with an intent to deceive,” it said.

Ministry officials said the punishment under Section 27 (d) remains the same — not less than one year and extendable to two years with Rs 20,000 fine.

“Compounding has been offered as a mechanism to resolve litigation,” official sources said.