SC takes cognizance of delay in cases involving access to life-saving drugs, Pg10

Key Highlights:

• The Supreme Court has taken suo motu cognizance of delays in cases concerning access to life-saving drugs.
• This intervention stems from a Kerala High Court matter regarding Ribociclib, a patented breast cancer drug, which saw prolonged delays and the death of the original petitioner.
• The Supreme Court referred to the case as 'In Re: Access to Life Saving Medicines and Judicial Expediency in Article 21 Matters'.
• The Kerala High Court had converted the original petition into a suo motu Public Interest Litigation (PIL) to address the pricing and accessibility of life-saving medicines.
• The drug Ribociclib costs approximately ₹78,468 per month, and the original petition sought a government-use license under the Patents Act to enable domestic manufacture of a cheaper version.

Detailed Insights:

• The Supreme Court bench, headed by Chief Justice of India Surya Kant, noted that the Kerala High Court proceedings on Ribociclib had been listed 57 times without resolution.
• The Centre had previously rejected a request to lower Ribociclib's price, stating that breast cancer did not meet the threshold of national urgency.
• The death of the original petitioner, a breast cancer patient, during the pendency of the case highlighted the severe human cost of judicial delays in such matters.
• The Kerala High Court has sought expert opinions from institutions like the National Cancer Institute, Chittaranjan National Cancer Institute, Regional Cancer Centre, Thiruvananthapuram, and the Drugs Controller General of India on whether Palbociclib, a less expensive alternative, can substitute Ribociclib and Abemaciclib.
• The Supreme Court directed the Kerala High Court to expedite its suo motu proceedings, indicating that its directions could set a precedent for similar cases nationwide.
• This intervention underscores the judiciary's role in upholding the right to health, which is an integral part of the right to life under Article 21 of the Indian Constitution.

Key Concepts Involved:

• Suo Motu Cognizance: The power of a court to initiate legal proceedings on its own, without a formal petition, often based on media reports or letters, to address matters of public interest.
• Article 21: A fundamental right in the Indian Constitution guaranteeing the protection of life and personal liberty, broadly interpreted to include the right to health and medical aid.
• Patents Act, 1970: Indian legislation governing patents, including provisions for Compulsory Licensing and government use of patented inventions, allowing the government to permit third-party production of a patented product under specific conditions.
• Government-use license (Section 100 of Patents Act): A provision under the Patents Act, 1970 that allows the Central Government or any authorized entity to use a patented invention for government purposes, with remuneration to the patent holder, even without their consent.