May invoke Esma against chemists

The Maharashtra government on Thursday informed the Bombay high court that it might invoke the Essential Services Maintenance Act (Esma) against chemists, who are observing a partial strike i.e. closing their shops after 6 pm, to protest against the rule to employ pharmacists round the clock. However, a bench headed by Chief Justice Mohit Shah asked the state to sympathetically consider the demands of the chemists before taking such a drastic step. The HC was hearing a PIL filed by Datta Mane, a practising lawyer. Mr Mane argued that the general public had been inconvenienced in view of the decision of the chemists to close their shops after 6 pm. The “day and night” shops also operate only till 6 pm, and currently, it has become very difficult for people to buy medicines in emergency situations, the lawyer argued. After the state government and Food and Drugs Administration (FDA) sought time to file the replies, the HC adjourned the matter for two weeks. The Retail and Dispensing Chemists Association (RDCA) argued that the FDA has made it mandatory for chemist shops to have a qualified pharmacist round the clock, which it claimed was “not practical”. If chemists keep their shops open after 6 pm, they will have to hire another pharmacist for the second shift and pay his salary as well, which may be difficult, the RDCA claimed. According to the FDA Act, a pharmacist should be present, while medicines are being dispensed over the counter to patients. The FDA has also conducted surprise checks on chemist shops in the state to ensure that there is a pharmacist to dispense the medicines personally. In protest, chemists have decided to close their shops after 6 pm.