India is presently witnessing the booming alternative medicine market and many entrepreneurs have decided to plunge into this pool. The traditional reach of Ayurveda is limited and only those who have express knowledge about the Ayurveda clinics and establishments approach them.
Despite its limited growth in India, Ayurveda has found favour with western countries and tourists and residents of these countries frequently visit India to avail the benefits of Ayurveda. Indian Ayurveda practitioners and clinics have also realised that Ayurveda is a field that is going to flourish in the near future.
In order to expand their reach these Ayurveda practitioners and clinics are trying to explore the e-commerce route. Although this is a good strategy yet this also requires techno legal compliances on the part of Ayurveda practitioners and clinics.
Recently the classical ayurvedic medicines that were sold with prefixes and suffixes were banned by ministry of health and family welfare of India under Drug and Cosmetic Rules. The ban has been imposed to stop the alteration in the classical formulation of Ayurvedic medicines. Many ayurvedic medicines such as Chyawanprash, Rhumayog and others are currently marketed under different brand names, with prefixes and suffixes to reflect the value added qualities.
This is just a single example of the legal compliances that the Ayurveda practitioners and clinics in India are required to comply with. If these Ayurveda practitioners and clinics plan to use the e-commerce model to reach unlimited population, they have to comply with additional legal provisions to stay legal.
We have different set of rules and laws for m-health, e-health, telemedicine, online pharmacies, online sale of prescribed drugs and medicines, e-ayurveda, etc. The digital communication channels for drugs and healthcare products in India must also be in strict conformity with Indian laws.
Even the website companies that are designing, uploading and managing these websites are vulnerable to many legal risks. The legal issues of e-commerce in India are also required to be complied with e-ayurveda entrepreneurs in India. In fact, the online pharmacies websites of India are already under regulatory scanner of Indian government.
Ayurveda practitioners, clinics and companies are Internet intermediaries within the meaning of Information Technology Act, 2000 and they are also required to comply with cyber law due diligence requirements (PDF) in India.
Perry4Law recommends that it would be a good strategy to comply with techno legal requirements as are meant for e-ayurveda websites in India as instances of prosecution of e-commerce website owners for violation of India laws are in abundance in India.