In the case on access to life-saving medicines, the Supreme Court has issued a notice to the centre, seeking a reply regarding the delay in cases involving life-saving treatment. The order follows a petition, filed by a breast cancer patient, that has been adjourned 57 times.
In 2022, Saroja Radhakrishnan, breast cancer patient from Kerala filed a writ petition before the Kerala High Court, stating that one of the drugs prescribed for her condition, Ribociclib, was “too expensive and unavailable at an affordable price” because it was patented. Radhakrishnan argued that the “unaffordable price of the medicine” impacted her right to health, which is a fundamental right under Article 21.
India’s generic drug makers, who routinely manufacture cheaper versions, were legally prohibited from making a version of Ribociclib, originally manufactured by the multinational pharmaceutical company Novartis.
However, if the government determines that a drug is needed by a large section of the public and they are unable to access it, the Centre can issue a ‘compulsory licence’, allowing drug manufacturers to produce it at an affordable price. The provision applies to both patented and non-patented drugs.
The petitioner, Radhakrishnan, died while waiting for a final judgment. The Kerala High Court kept the matter alive in public interest, noting that over a lakh patients require similar relief.
The case has been listed 57 times since January 21, 2023, but nothing conclusive has come out.
The Working Group on Access to Medicines and Treatment has written to the Chief Justice of the Kerala High Court requesting him to expedite the final hearing involving access to breast cancer medicine Ribociclib.
The group’s co-convenors, Jyotsna Singh and KM Gopakumar wrote that “every stakeholder has been heard. Every report sought by the court has been placed on record. Every scientific development has been brought before. The pleadings stand completed. Yet the constitutional questions on the obligations of the government under Article 21 with regard to access to medicines remain unaddressed”.
The letter was also marked to the Chief Justice of India and the President following which the top court took suo motu cognisance of the issue. The Court said it would issue notice in the case and requested the Kerala High Court to decide its pending suo motu proceedings expeditiously. The court also observed that it may lay down pan-India guidelines on timely adjudication of such life-and-liberty matters.
