Don't alter drug price, SC tells Centre

Court raps govt for causing undue suffering to common man

The Supreme Court on Wednesday asked the Central Government not to alter the pricing structure of drugs while placing as many as 348 drugs on the National List of Essential Medicine (NLEM).

A bench of Justices G S Singhvi and S J Mukhopadhaya also expressed their displeasure over the delay by the government in this regard.

“We are certainly concerned. Nine years have passed since the petition was filed. It is engaging the attention (of the government) only when we said that an order will be passed. Court cannot run the government. But at times, we are forced to step in,” the bench said.

Additional Solicitor General Siddharth Luthra, appearing for Ministry of Health, submitted that the Group of Ministers (GoM) had in a meeting on September 27 already taken a decision and the matter would be referred to the cabinet for a final call.

The bench, however, asked him to read the order passed on September 11 where it was stated that the court would itself pass the direction if no decision was taken.
Luthra added that certain procedural formalities have to be completed.

“As soon as the GoM started taking a decision on it, a campaign was started in the media. A common man does not have any option. Either die or buy the drug. Sometimes he will sell his land or ornaments of his wife.”

Plight of common man

“Recently, one of us in the bench fell sick. The drug cost was not less than Rs 50,000. Thankfully, one of the states has started distributing generic medicines free,” the bench said, echoing the sufferings of the common man.

The court also asked, so far “Five expert groups have been constituted on the subject. How long people should go on like this”

The bench also pointed out how the petition filed by NGO, All India Drug Action Network (AIDAN), could not be decided by the court due to one reason or the other.

“There is something great about this institution. For seven years, the case was not listed. Since 2011, the court has simply been adjourning the matter. The government has not been able to act,” the bench said.

The court granted Luthra seven days time to seek information and make a statement on the subject.

However, the court said, “We make it clear that the government should not alter the pricing structure of drugs as notified on July 13, 1999 or other notifications issued thereafter.”

Luthra had earlier said that there was a divergence of opinion between the Health and Chemicals and Fertilisers Ministries on the issue, leading to delay in taking a decision.