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Drugs and Cosmetics Act, 1940
Section 26-A - Banning the use of Quinacrine as a method of female sterilization
Section 26-A - Banning the use of Quinacrine as a method of female sterilization
Banning the use of Quinacrine as a method of female sterilization - Petition for mandamus directing respondents No. 1 and 2 to initiate immediate steps to ban the use of Quinacrine in the form of pellets or otherwise as a method of sterilization-it also prays for a mandamus directing the respondents in the said petition to initiate proceedings under the Drugs & Cosmetics Act, 1940 against all those engaged in the importation, manufacture, transmission, sale and use of the said medicine in the form of pellets or otherwise as a method of sterilization. A mandamus directing the respondents to issue a Notification under Section 26-A of the Drugs & Cosmetics Act, 1940 banning the use of Quinacrine as a method of sterilization was also prayed for-the Government of India issued a Notification No. 499 (E) dated 14.8.1998 under Section 26-A of the Drugs & Cosmetics Act, 1940 prohibiting the import, manufacture, transmission, sale and use of Quinacrine and its salts in any dosage form for female sterilization or contraception. The present writ petition that purports to have been filed in public interest challenges the validity of the said notifications and against the use of the drug in question has gone through trials and is based on opinions of the Experts placing reliance upon scientific data collected from time to time, this is no reason to declare the drug to be safe for use as a contraception or for female sterilization´┐Żthe question whether a particular drug is or is not safe for use by human beings, is a matter which would require not only Expert opinions to arrive at a correct conclusion, but also data based on scientific trials and experiments. In the absence of any material to conclusively prove that the drug is safe for female sterilization or contraception, it will be hazardous to make any pronouncement about its efficacy or to reintroduce the user thereof in exercise of judicial power, especially one in purported public interest under Article 226 of the Constitution of India-difficult to issue direction for reintroduction of the drug.
Prof. Dr. Ashi R Sarin vs. Union of India and others, Punjab and Haryana High Court, 2009 (1) Drugs Cases (DC) 291

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