The All India Government, Private and Public Sector Pharmacist Association (AIPA) has formally submitted a strong objection to the Union Ministry of Cooperation against a proposal to extend restricted licenses to Primary Agricultural Credit Societies (PACS) to operate Jan Aushadhi Kendras (JAKs) without pharmacists.
National president of the association, B.S. Desai, in a communication to Pharmabiz, stated that this move cannot be accepted as it is inherently illegal and undermines the established pharmaceutical framework of the country.
The association has urged the government to immediately withdraw the proposal dated February 23, 2026, which seeks to allow these societies to operate JAKs without following standard pharmacist requirements.
In the formal representation, Desai highlighted that the dispensing of medicines is a specialized task governed by the Pharmacy Act of 1948. The letter asserts that Section 42 of the Act clearly mandates that no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner. AIPA contends that allowing unqualified individuals to handle potent medications under the guise of restricted licenses is a direct violation of these penal provisions.
The association further refuted the government’s premise that there is a shortage of qualified pharmacists in rural and tribal regions. According to the India Pharmacy Seat Matrix for 2025-26, there are more than 4,900 approved pharmacy colleges in India, producing approximately 3.7 lakh graduates annually across Diploma, B.Pharm, Pharm.D, and M.Pharm programs. B.S. Desai pointed out that the government has been provided with inaccurate information regarding manpower availability to justify the bypass of professional regulations.
The representation also drew attention to the essential role pharmacists play in patient counselling, nutrition, and the prevention of drug abuse. AIPA argues that the parliament treated pharmacy as a special subject, and any attempt to treat it as a general trade through Primary Agricultural Credit Societies would jeopardize public health. The letter emphasizes that pharmacists are now focusing more on the general wellness and safety of patients, a role that cannot be replicated by untrained personnel.
To bolster their legal stance, the AIPA included several judicial precedents, including a 2016 judgment from the Kerala High Court. The court had ruled that medicines must be dispensed by qualified pharmacists in both the public and private sectors, directing authorities to take severe action against any violations. The association maintains that the current circular grossly misinterprets the exemptions provided under Schedule K of the Drugs and Cosmetics Rules.
The association also pointed to a landmark 1997 Supreme Court order that criticized the idea of allowing unqualified individuals to handle or sell medicines. The court stated that such proposals do not deserve serious consideration and ordered authorities to strictly monitor the sector to ensure all laws are followed. AIPA argues that the government’s current plan to use agricultural societies for JAKs ignores this established legal precedent.
The letter by B S Desai called upon the ministry of health and family welfare and the Ministry of Cooperation to examine the legality of the February 23 circular. The association requested the immediate withdrawal of the proposal to prevent the practice of pharmacy by unregistered individuals. Copies of the objection have also been submitted to the Directorate General of Health Services and the Central Drugs Standard Control Organisation (CDSCO) for further action. |