Drugs and Magic Remedies Act
"Being able to live without having to be defined by your skin colour is the hallmark of privilege "
-- Luvvie Ajayi
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 hence makes a cognizable offence.
The law prohibits advertising of drugs and remedies for :
1. inducing miscarriage or preventing conception in women
2. improving or maintaining the capacity for sexual pleasure
3. correction of menstrual disorders
4. curing, diagnosing or preventing any disease or condition mentioned in an included schedule
PROPOSED AMENDMENTS TO THE ACT:
The Health and Family Welfare Ministry has proposed the draft amendment to the Drugs and magic Remedies (Objectionable Advertisements Act, 1954), with a stringent punishment of a jail term of up to five years and a fine of up to ₹50 lakh for advertisements for magic remedies and drugs promoting fair skin, enhancing sexual performance, stammering, infertility in women, premature ageing and greying, increasing brain capacity among others.
The amendment proposes to increase the penalties. For the first conviction, the proposed punishment is imprisonment of up to two years and fine up to ₹10 lakh. For subsequent conviction, the imprisonment may extend to five years with a fine of up to ₹50 lakh.
Response :
Bollywood celebrities praised the great step initiated by the government.
Some celebrities like Tapsee Pannu, Dia Mirza and many others have not only praised this act but also welcomed it with great response.
From fairness cream brands to celebrities, efforts are being made to reposition the idea of beauty, not just in India but globally.
Shweta Purandare, Secretary General, The Advertising Standards Council of India, said: "The proposed DMR bill 2020 is an important development and would lend strong support to ASCI's efforts of Suo Motu monitoring of misleading advertisements in the Healthcare sector. Consequences of advertisements in violation of DMR regulations are serious and this would result in better compliance from advertisers as well as media concerned, be it an advertisement of Allopathic product or AYUSH products.
For suggestions :
The draft amendment is open to suggestions, comments and objections from the public as well as stakeholders for a period of 45 days, the ministry said. These can be sent by email to drugsdivmohfw@gov.in, or by post to Under Secretary (Drugs Regulation), Ministry of Health and Family Welfare, Room No. 414A, D Wing, Nirman Bhawan, New Delhi - 110011.
The Ministry of Health and Family Welfare has proposed the amendment to reportedly keep up with the changing times and technology. Although focussed associations and govt now prohibit companies from advertising their products with misleading claims, isn’t a fresh occurring. The ban was first introduced by the Ministry of Information and Broadcasting (MIB) in 2014 for brands wanting to broadcast advertisements. It had put a ban on broadcasters from running an ad that didn’t comply with ASCI code. At that time, around 50 ads, which mostly belonged to the fairness creams category, were taken off-air.
Celebrities and brands are making a conversation on shifting the narrative from being downright offensive to consciously discreet. Here’s hoping that there is light at the end of this dark tunnel.
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