Delhi HC to hear plea seeking action against manufacturers of faulty PPE kits
Jun 21, 2020
New Delhi [India], June 21 : A petition was filed in the Delhi High Court seeking action against the manufacturers of faulty and substandard Personal Protective Equipment (PPE) kits under the guise of COVID-19 kits and to regulate the import manufacture, sale and circulation of PPE coveralls.
The petition, which will be heard on Monday was filed by advocate Amit Jain who has sought a direction to the government to regulate the import manufacture, sale and circulation of Personal Protective Equipment Coveralls/kits under the provision of The Drugs and Cosmetics Act, 1940 and to initiate legal actions as envisaged inter alia under The Drugs and Cosmetics Act, 1940 against the manufacturers of faulty and substandard PPE kits under the guise of "COVID-19 Kits".
The petitioner has also sought direction to constitute a commission and body to deal with the menace of manufacture, import and supplying of faulty or substandard Personal Protective Equipment coveralls and kits for the purposes of COVID-19.
According to petitioner, in April, the Ministry of Textiles took cognizance of the faulty PPE kits being supplied by the local manufactures and to curb the same it issued further guidelines for the authorized laboratories.
"Despite the issuance of guidelines, number of instances were reported with respect to faulty or ineffective PPE coveralls being supplied by the local manufacturers. In some instances, the sub-standard was so avident that medical professionals out-rightly refused to use those PPE kits. Despite widely reported incidents of supply and circulation of faulty PPE kits across India, no action was taken by the respondents inter alia under the Drugs and Cosmetics Act, 1940 qua the manufacturers or suppliers of faulty PPE kits," the petitioner told the court.
Advocate Jain further added that the menace of import, manufacture, sale and distribution of faulty sub-standard PPE kits could not be cured due to the inaction of the respondents in enforcing the Drugs and Cosmetics Act, 1940 in its letter and spirit.
The Respondents have failed to invoke the penal provisions envisaged under the Drugs and Cosmetics Act. 1940 against the manufacturers, importers, sellers and distributor of faulty and sub standard PPE kits, the petitioner pointed out.
It is the need of the hour that such manufacturers, importers and vendors are brought to justice for their deliberate actions and must be held liable inter alia under the provisions of Drugs and Cosmetics Act, 1940, the petitioner said.
