Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 is an Act of the Parliament of India which controls advertising of drugs in India. It prohibits advertisements of drugs and remedies that claim to have magical properties, and makes doing so a cognizable offence.[1][2]

Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
Parliament of India
CitationAct No. 21 of 1954
Territorial extentIndia (along with Jammu and Kashmir)(After removal of Article 370 in 2019)
Commenced1 April 1955
Legislative history
Bill published on30 April 1954
Status: In force

Overview

The act defines "magic remedy" as any talisman, mantra, amulet or any other object which is claimed to have miraculous powers to cure, diagnose, prevent or mitigate a disease in humans or animal. It also includes such devices that are claimed to have power to influence structure or function of an organ in humans or animals.[1]

The law prohibits advertising of drugs and remedies for

  • inducing miscarriage or preventing conception in women
  • improving or maintaining the capacity for sexual pleasure
  • correction of menstrual disorders
  • curing, diagnosing or preventing any disease or condition mentioned in an included schedule[1]

The original included schedule contained a list of 54 diseases and conditions:

  1. Appendicitis
  2. Arteriosclerosis
  3. Blindness
  4. Blood poisoning
  5. Bright's disease
  6. Cancer
  7. Cataract
  8. Deafness
  9. Diabetes
  10. Diseases and Disorders of brain
  11. Diseases and Disorders of the optical system
  12. Diseases and Disorders of the uterus
  13. Disorders of menstrual flow
  14. Disorders of the nervous system
  15. Disorders of the prostatic gland
  16. Dropsy
  17. Epilepsy
  18. Female diseases (in general)
  19. Fevers (in general)
  20. Fits
  21. Form and structure of the female bust
  22. Gall stones, kidney stones and bladder stones
  23. Gangrene
  24. Glaucoma
  25. Goitre
  26. Heart diseases
  27. High/low blood pressure
  28. Hydrocele
  29. Hysteria
  30. Infantile paralysis
  31. Insanity
  32. Leprosy
  33. Leucoderma
  34. Lockjaw
  35. Locomotor ataxia
  36. Lupus
  37. Nervous debility
  38. Obesity
  39. Paralysis
  40. Plague
  41. Pleurisy
  42. Pneumonia
  43. Rheumatism
  44. Ruptures
  45. Sexual impotence
  46. Smallpox
  47. Stature of persons
  48. Sterility in women
  49. Trachoma
  50. Tuberculosis
  51. Tumours
  52. Typhoid fever
  53. Ulcers of the gastro-intestinal tract
  54. Venereal diseases, including syphilis, gonorrhoea, soft chancre, venereal granuloma and lympho granuloma.

The act stated that the schedule may be changed later to include more diseases for which there are no accepted remedies or for which timely consultation with a registered medical practitioner (as defined under Indian Medical Degrees Act, 1916 or Indian Medical Councils Act, 1956; includes other state laws too) is required. The act stated that these changes must made it consultation with the Drugs Technical Advisory Board, and Ayurveda and Unani practitioners, if deemed as necessary by the Central government.[1]

The penalty carries a maximum sentence of 6 months imprisonment with or without fine on first conviction. In case of any subsequent conviction, the term may be up to a year. If the convicted party is a company, all members of the company will be deemed guilty.[1]

Criticism and future amendments

The law is rarely enforced and several such products are freely available to the public.[3] The law is considered severely outdated as 14 of the diseases in the list are now curable, and newer diseases like AIDS are not on the list.[4] Some advertisements of these categories are also known to appear on cable television channels without much repercussions.[5] Proposed amendments to this law has also raised questions regarding the status of traditional medicine systems like Yoga and Ayurveda with respect to modern medicine.[6]

See also

References
  1. "The Drugs and Magic Remedies" (PDF). Air Cargo Complex, Mumbai Customs. Retrieved 26 December 2014.
  2. Dr. Lily Srivastava. Law & Medicine. Universal Law Publishing. p. 258. ISBN 978-81-7534-949-0. Retrieved 4 March 2014.
  3. "Magic drugs firms target India in expansion drive". Live Mint. 11 March 2008. Retrieved 13 September 2013.
  4. "Has Ayurveda lost its credibility?". News18. 20 December 2006. Retrieved 24 June 2020.
  5. "Misleading advertisements come under government scanner". The Economic Times. 18 November 2011. Retrieved 13 September 2013.
  6. "Is yoga a wonder drug?". IBN Live. 21 December 2006. Retrieved 13 September 2013.
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