Kerala High Court Takes Suo Moto Cognizance Of Unaffordability Of Patented Life-Saving Medicines Following Death Of Petitioner

The Kerala High Court on Friday took suo moto cognizance of the unaffordability of patented life-saving medicines. Justice V.G. Arun, on being informed of the petitioner's death during the pendency of the proceedings, observed that, 

"the unfortunate incident should not result in the cause disposed by the petitioner to go in vain."

In the plea moved through Advocate Maitreyi Sachidananda Hegde, the petitioner who was a bank employee diagnosed with breast cancer and undergoing targeted therapy, averred that her treatment required three drugs, the monthly expense for which went over ₹63,000, out of which Ribocicilib alone costs ₹58,140.

In this regard, she had submitted that this life-saving drug, which presently enjoys a patent monopoly, was not manufactured in India, and if it had been, it would have brought down the cost substantially and made it more affordable. The petitioner had pointed that the the Central government could invoke Section 92 of the Patents Act which provides for compulsory license and Section 100 which authorises the government to requisition life-saving medicines in cases of extreme necessity.

It was further alleged that the dormancy by the Centre to provide access to this medication violates the right to health guaranteed under Article 21 of the Constitution of India and the Directive Principles of State Policy under which the Government is obliged to ensure public health.

While the Court found the issue to be demanding serious consideration at the hands of the concerned authorities and issued an interim direction to the Department for Promotion of Industry and Internal Trade to pass a reasoned order on this issue after consulting with the relevant authorities, it was informed by the counsel for the petitioner that the petitioner had passed away. The counsel further submitted that the Court's previous direction to the DPIIT to consider compulsory licensing of Ribociclib had also not been abided. 

It was in this regard that the Court took suo moto cognizance of the case, and appointed Advocate Maitreyi Sachidananda Hegde as the amicus curiae. 

The case has been posted for further hearing on September 29th, 2022. 

Case Title: XXX v. Union of India