Cancer patient kept fighting court case while waiting for medicine, hearing postponed 57 times and died

Cancer Drug Kerala Case: Cancer is one of the most serious and deadly diseases in the world. In such a situation, it is very important for the patients to get the right treatment and life-saving medicines on time, but when the treatment is expensive and the matter related to it remains stuck in the legal process for a long time, then it can have a direct impact on the life of the patient. One such case has come to light from the Kerala High Court.

Here, the petition demanding to make the life-saving cancer drug Ribociclib available at a cheaper rate was listed for hearing 57 times, but the last hearing could not be held. During this time the petitioner woman died. Now an appeal has been made to the Chief Justice of India to conduct an early hearing in this matter, so that a decision can be taken soon on this important matter related to access to medicines. This case is also raising questions on patients’ access to expensive cancer medicines and the speed of the judicial process.

Cancer patient kept fighting court case while waiting for medicine

This petition was filed in the Kerala High Court in June 2022. Its objective was to make the life-saving breast cancer drug Ribociclib affordable for common patients. From January 2023 till now, this case has been listed for final hearing 57 times, but the final arguments could not be held on any date. Meanwhile, the petitioner woman died, however, even after the death of the woman, the Kerala High Court, considering this matter to be in the interest of the common people, decided to continue hearing it at its level even after the death of the petitioner.

What was the demand made in the petition?

In the petition, a demand was made from the Central Government to issue a Government Use License under Section 100 of the Patent Act. If this were the case, then the generic version of this medicine could have been made in India and its price could have been reduced by 90 to 95 percent. It was told that at present the price of Ribociclib is around Rs 78,400 per month, while the price of another drug Abemaciclib is said to be Rs 47,700 to Rs 95,500 per month.

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What answer did the government give?

The government acknowledged that ribociclib is an effective drug, but refused to issue a government use license. The government said that the situation of breast cancer cannot be considered in the category of national emergency. The petitioners argue that the right to health is a part of the right to life under Article 21 of the Constitution. Therefore, it is the responsibility of the government to ensure affordable access to medicines. The central government, drug manufacturing companies and other parties have filed their detailed replies in the court in the case. The court had also appointed an amicus curiae in this case. The working group says that the arguments of all the parties and the reports sought under the court have been submitted. Even after this, the final decision has not yet been taken on the constitutional questions related to access to medicines.

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