Cancer Drugs – Supreme Court Steps In Over Access to Costly Life-Saving Medicines
Cancer Drugs –The Supreme Court of India has initiated suo motu proceedings after taking note of the prolonged legal battle surrounding the affordability of patented cancer medicines. The move comes amid concerns that a petition raising important questions about access to life-saving treatment has remained unresolved for several years, prompting the country’s highest court to intervene in the larger public interest.
Supreme Court Registers Suo Motu Case
A bench comprising Chief Justice of India Surya Kant along with Justice Joymalya Bagchi and Justice V. Mohana Prasad considered the matter after a suo motu case was officially registered on July 16. During the hearing on Friday, the bench issued a notice to the Union government and sought its response on the issues connected with access to expensive patented medicines used in critical medical treatments.
The court also urged the Chief Justice of the Kerala High Court to ensure an early decision in the pending writ petition, identified as WP(C) No. 18999 of 2022, which has remained under consideration for more than four years.
Concern Over Delay in High Court Proceedings
At the beginning of the hearing, the Chief Justice observed that the case before the Kerala High Court had faced repeated adjournments over an extended period. The bench indicated that it would formally request the High Court to conclude the matter without further unnecessary delay, considering the wider implications of the issues involved.
The Supreme Court’s observations highlighted the importance of timely judicial intervention in cases dealing with access to essential healthcare and the pricing of medicines that are crucial for patients battling serious illnesses.
Case Originated From Breast Cancer Patient’s Petition
The legal dispute began in 2022 when a woman from Ernakulam, Kerala, who had been diagnosed with breast cancer, approached the Kerala High Court. She challenged the exceptionally high prices of patented medicines prescribed for her treatment, arguing that the costs placed life-saving therapy beyond the reach of many patients.
According to information presented before the Supreme Court, the woman passed away while her petition was still awaiting a final decision. Her death was brought to the attention of the apex court during the proceedings.
Kerala High Court Continued Proceedings in Public Interest
Following the petitioner’s death, the Kerala High Court chose not to close the matter. Instead, recognising that the issues extended far beyond a single individual, the court continued the proceedings on its own motion in view of the broader public interest.
The case was subsequently renamed “In Re Exorbitant Pricing of Life Saving Patented Medicines,” reflecting its wider focus on the affordability of essential medicines and the impact of high drug prices on patients across the country.
Wider Significance of the Matter
The Supreme Court’s decision to take suo motu cognisance underscores the growing importance of ensuring access to life-saving medicines while addressing concerns related to the pricing of patented drugs. The outcome of the proceedings could have significant implications for healthcare policy, patient access to treatment, and future legal discussions involving the affordability of essential medicines in India.