The Kerala High Court has directed the Central government to collect data from the Indian Council of Medical Research (ICMR) regarding people suffering from different types of breast cancer. The directive comes in response to a petition seeking, among other things, compulsory licensing of the life-saving breast cancer drug, Ribociclib. The petitioner, who had breast cancer and was undergoing targeted therapy, later passed away during the pendency of the petition. However, the Court appointed the petitioner’s counsel, Advocate Maitreyi Hegde, as amicus curiae in the matter, who requested the data that the court passed the present interim order.
‘Since it is an innocuous prayer sought for by the Amicus Curiae in the larger public interest, there will be a direction to the Ministry of Health and Family Welfare to collect the details from the sixth respondent and submit a report before this court within one month,’ the interim order stated.
The petitioner had raised the issue of the high cost of Ribociclib, which costs nearly Rs 58,140 and enjoys a patent monopoly. The manufacturers are prevented from producing the medicine without the consent of the patent holder, Novartis. The petitioner had argued that the government can invoke Section 92 of the Patents Act, 1970, which provides for a compulsory license, and Section 100, which empowers the government to requisition life-saving medicines in cases of extreme necessity. The petitioner contended that the inaction by the government in providing access to medication infringes upon the Right to Health guaranteed under Article 21 of the Constitution of India and violates the directive principles of state policy which impose an obligation on the government to ensure public health.
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