ESMA may be invoked against striking chemists: Govt tells HC

The Maharashtra government today informed the Bombay High Court that it might invoke Essential Services Maintenance Act (ESMA) against chemists who are closing down shops after 6 pm to protest against the rule to employ pharmacists round the clock while dispensing medicines.
However, a bench headed by Chief Justice Mohit Shah asked the state to sympathetically consider the demands of Chemists before taking such a drastic step of invoking ESMA.
The Court was hearing a PIL filed by Datta Mane, a practicing lawyer, contending that the general public had been put into inconvenience in view of the decision of chemists to close down shops in the state after 6 pm in the evening.

The 'day and night' shops too operate until 6 pm only and medicines would not be available to people in emergency situations, it was contended.
After the state Government and Food and Drugs Administration (FDA) sought time to file replies, the Court allowed adjourned the matter for two weeks.
The Retail Drug Chemists Association submitted that FDA has made it mandatory for the Chemist shops to have a qualified pharmacist which Chemists felt was not feasible.

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.

Pharmacists work for eight hours in a day and if the shops are to be kept open after 6 pm without a pharmacist, then there would be a risk of losing licence, the Association contended.
According to FDA Act, a pharmacist should be present while dispensing with medicines over the counter to patients after verifying prescriptions.
Pharmacists have also demanded higher salaries and it will be difficult to employ them round the clock, the Association said.
FDA have also conducted surprise checks on Chemist shops in the State to ensure that there is a pharmacist round the clock to dispense the medicines personally, they said.

There was a genuine shortage of pharmacists and it was not economically viable to employ pharmacist round the clock, the Association argued.
Therefore, chemists had decided to close down shops after 6 pm to protest the rule, they said.