On cough syrups, a long overdue prescription
The Centre’s decision to remove cough syrups from Schedule K of the Drugs Rules , 1945 — the list of medicines that can be sold without a prescription — is a belated but necessary acknowledgement of a regulatory failure that has persisted for years and resulted in multiple tragedies. In October 2025, over 20 children died across Madhya Pradesh and Rajasthan after consuming locally procured cough syrups. Between December 2019 and January 2020, there were similar casualties in Jammu. These domestic disasters came on top of a scarred international record: India-made cough syrups have been tied to the deaths of more than 140 children in Africa and Central Asia since 2022. Cough syrups occupy an anomalous position in India’s drug regulation framework. While recognised as medicines, many formulations — crucially those under Entry number 13 of Schedule K — benefitted from exemptions that enabled their sale through channels subject to weaker oversight than licensed pharmacies. This has fostered a culture of self-medication, poor prescription discipline and fragmented accountability across the supply chain. Particularly affected are vulnerable communities, especially in villages with a population of less than 1,000, where their sale was permitted — in MP, for instance, it was found that the cough syrup in question, Coldrif, contained diethylene glycol far in excess of permissible limits. The change in law translates to a shift in access. All syrup-based medicines, including cough syrups containing opioids like codeine, can no longer be purchased over the counter. Yet the prescription mandate, on its own, is unlikely to be sufficient. Drug regulation in India suffers from a Centre-state coordination deficit, and investigations after tragedies have repeatedly pointed to loopholes in quality control and inspection, raising uncomfortable questions about the capacity of regulators to monitor a rapidly expanding pharma sector. Concerns also remain about rural India, where limited access to healthcare facilities risks pushing people toward unlicensed vendors. The new rule must, therefore, be accompanied by rigorous enforcement, greater transparency in reporting adverse events, and investment in rural healthcare. The country must focus on a regulatory culture that prioritises patient safety over crisis management.
- 1On governance, drug regulation in India is a shared responsibility: 'drugs' fall under the Concurrent List, while 'public health and sanitation' sit on the State List, producing the Centre-state coordination deficit the editorial flags. The constitutional backdrop is Article 47, a Directive Principle obliging the State to raise nutrition and public health, and Article 21's right to life, which courts have read to include access to safe medicine. Removing cough syrups from Schedule K is an exercise of the Centre's rule-making power under the parent statute.
- 2In terms of India's external standing, the country is often called the 'pharmacy of the world', supplying a large share of global generic medicines, yet the deaths of over 140 children abroad triggered World Health Organization medical-product alerts from 2022 covering syrups exported to Gambia, Uzbekistan and elsewhere. Such alerts strain export credibility and invite tighter import scrutiny in partner nations. Domestic reform thus directly serves India's pharmaceutical diplomacy and trade interests.
- 3Legally, the framework is the Drugs and Cosmetics Act, 1940, and the Drugs Rules, 1945, administered by the Central Drugs Standard Control Organisation under the Drugs Controller General of India, alongside state drug controllers. Schedule H and H1 already require prescriptions for many drugs, and shifting syrups out of Schedule K's exemptions tightens this net; contamination by diethylene glycol, a toxic industrial solvent, also attracts liability under adulteration provisions. Quality-control inspection and licensing enforcement remain the system's weak links.
- 4Economically and scientifically, India's pharmaceutical industry is among the world's largest, ranking third by volume and worth roughly 50 billion US dollars, supplying about a fifth of global generic exports. Diethylene glycol poisoning, historically responsible for mass-casualty episodes since the 1937 sulfanilamide disaster, causes acute kidney failure and is lethal in small doses, which is why permissible-limit breaches in products like Coldrif proved fatal. Strengthening testing protects both vulnerable patients and a strategically vital export sector.
