The Lok Sabha passed the Pharmacy (Amendment) Bill, 2023, which allows individuals qualified or registered under the Jammu and Kashmir Pharmacy Act to be registered as pharmacists under the Pharmacy Act. This move aims to eliminate any ambiguity between the two laws. Under the existing regulations, registration under the Pharmacy Act is obligatory for those practising pharmacy across the country. The bill states that individuals whose names are listed in the pharmacists’ register maintained under the Jammu and Kashmir Pharmacy Act or who possess relevant qualifications will be considered as if they are listed in the pharmacists’ register under the Pharmacy Act.
The revocation of Article 370 has brought significant transformations to the UT of Jammu and Kashmir, as well as Ladakh. The most notable change has been the enforcement of Indian laws, regulations, and rules, some of which were previously not applicable in the former Jammu and Kashmir State. Numerous inconsistencies created barriers between the Central Government and the State of Jammu and Kashmir. With the abrogation of Article 370, these anomalies ceased to be recognised. Now, all laws and regulations are applicable in the Union Territory of Jammu and Kashmir, including Ladakh.
However, this transition had led to a unique predicament for thousands of medical assistants and pharmacists employed by the Government, as well as candidates who had already completed or are pursuing medical assistant or pharmacist studies from institutions recognised by the former J&K Para Medical Council but were not registered under the J&K Pharmacy Act. Previously, a licence under the Drug and Cosmetic Act of 1940 and its accompanying rules were not obligatory for pharmacists working in Government positions due to the region’s special status. Consequently, these thousands of Government employees and other candidates did not independently apply for the required licence.
Following the replacement of the J&K Pharmacy Act with the Central Pharmacy Act in the UTs of Jammu and Kashmir and Ladakh, only individuals who have completed a B Pharma or Pharma D course from an institution approved by the Pharmacy Council of India (PCI) are eligible for registration and authorized to practice pharmacy. Others are not recognised and are unable to seek employment, engage in private practice, or conduct pharmaceutical work. The only feasible solution was an amendment to the existing act, which necessitates approval from Parliament. Despite the Administrative Council’s two prior attempts to propose amendments, both were rejected due to technical language issues. Although three years passed during this process, no resolution had been achieved. The Administrative Council had approved for a third time to amend the Pharmacy Act to rectify the situation.
It is important to note that pharmacists play a crucial role in the functioning of hospitals, and the lack of recognition for their diplomas has significant repercussions. This includes potential salary withdrawals, scrutiny by the Medical Council of India (MCI), and resulting adverse reports. Hospitals are obligated to provide MCI with comprehensive employee data for recognition and licensing purposes. If the list of employees includes individuals with unrecognised diplomas, the hospital’s licence or funding may be suspended.
Finally, those overseeing the process sensed the severity of the situation and persistently pursued its resolution. All departments worked in tandem to remove the inadequate communication and coordination that had contributed to this intricate situation. The lengthy process involved referrals from the UT to the Home Ministry and subsequently to the Health and Medical Education Department. From there, necessary amendments had been referred to Parliament, which has now approved them. A notification will be issued now, after which the region’s youth can pursue Government and other jobs in this field.
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