Monday, April 29, 2013

Finally Indian Online Pharmacies Are Under Scrutiny

The online sales of prescribed medicines in India are by and large still unregulated. Illegal and unscrupulous online pharmacies, both Indian and foreign, are taking advantage of this lacuna of Indian laws.

However, those days of chaos and non regulation are gone. Indian regulatory authorities are now scrutinising these online pharmacies for violation of various pharmaceutical standards, codes and regulations.

Although we have no dedicated e-commerce laws and regulations in India yet the legal aspects of online pharmacies can be found under multiple legislations of India.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal e-commerce expert of India, Online Pharmacies of India are under Regulatory Scrutiny. There are many Online Pharmacies in India that are openly violating the Pharmaceutical and other Laws of India.

Further, these Online Pharmacies are also violating the Cyber Law of India, especially the Cyber Law Due Diligence of India. There is an urgent need on the part of States to crack down upon such Illegal Online Pharmacies of India, opines Dalal.

Illegal online pharmacies are grave danger to the lives of millions of Indian citizens who readily rely upon such pharmacies for their medical requirements. The central drugs standard control organisation (CDSCO) must play a more pro active role in this regard. Till now its role has been passive and non-interfering in nature when it is must be otherwise.

We hope the CDSCO and Indian government would take strict penal action against the defaulting and illegal online pharmacies that are openly flourishing in Indian that also right under the nose of Indian government.

Saturday, April 13, 2013

E-Commerce Site Selling Adult Merchandise In India Are Committing Criminal Offences

Making of profit at the cost of violation of laws of the land is not a feasible option. However, in India this seems to be the norm. For instance, e-commerce websites in India are engaging in punishable soft porn publication and Indian government is sleeping over the matter.

The information technology act, 2000 (IT Act 2000) governs the internet intermediary laws in India and cyber due diligence. The IT Act 2000 is also the cyber law of India that deals with and regulates online dealings and transactions.

We have no dedicated e-commerce laws and regulations in India but the IT Act 2000 governs the civil and criminal aspects of e-commerce dealings in India. IT Act 2000 has also prescribed the internet intermediary liability in India.

There are well recognised legal requirements to start an e-commerce website in India and the legal formalities required for starting e-commerce business in India. As on date, the e-commerce websites are not following such techno legal requirements.

E-commerce websites dealing with online pharmacies, online gamming and gambling, online selling of adult merchandise, etc are openly and continuously violating the laws of India, including the cyber law of India.

According to Praveen Dalal, managing partner of New Delhi based ICT law firm Perry4Law and leading techno legal expert of Asia, E-Commerce Websites in India are not very keen in Complying with the Laws of India, especially the Cyber Law of India. What is more surprising is the fact that even the Indian Government has not thought it fit to regulate the E-Commerce Websites operating in India, says Dalal.

The Cyber Law of India prescribes stringent Cyber Law Due Diligence Requirements in India that E-Commerce player sin India must follow. If they do not follow Cyber Due Diligence, they can be Criminally Prosecuted by the Government, opines Dalal.

It seems the e-commerce websites selling adult merchandise like costumes and lingerie erotic lingerie are violating the laws of India. It is high time for Indian government to give due importance to law over private gains. It is also a good time for these e-commerce websites owners to understand that anonymity in the cyberspace is a myth and they can be nailed anytime.