Letter To Kerala High Court CJ Seeks Expedited Hearing In Case Over Exorbitant Pricing Of Breast Cancer Drugs

The letter is written by Jyotsna Singh and K.M. Gopakumar, co-convenors of the Working Group on Access to Medicines and Treatment, pointing to the delay in hearing the case and seeking administrative action.

As per the letter, the plea was listed 57 times but no hearing was done since January 2023. It was further pointed out that petitioner, who originally initiated the proceedings, succumbed to breast cancer while the case was pending.

After the petitioner passed, the High Court had taken suo motu cognisance of the exorbitant pricing of life-saving patented drugs under the name “In Re Exorbitant Pricing of Life Saving Patented Medicines.”

The letter further highlights that these life-saving drugs, including Ribociclib and Abemaciclib, respectively cost around Rs. 75,468.75 and Rs. 47,752 to Rs. 95,504 per month. Being patent protected, the drugs remain “prohibitively expensive”, it is stated.

“Despite the critical nature of the matter, this writ petition has been listed 57 times for the final hearing without hearing the matter since 21st January 2023…Tragically, the original petitioner passed away during the early stage of litigation, but the High Court continued the case suo moto, recognizing the larger public interest. This prolonged delay underscores the need for expedited final hearing to ensure timely justice for those who need of this life-saving medicine urgently,” states the letter.

During the course of the proceedings, the Court had directed the Union Government to file its response and had also impleaded manufacturers of these medicines. It had also asked the government whether there were alternative methods available to make medicines available for treatment of breast cancer in India for patients who could not afford expensive drugs.

The letter states that every stakeholder has been heard and that the pleadings have been completed, but the main issues remain unresolved. They have thus sought an intervention to address the issue of “collective health and dignity of women in India”, and pointed out that any further delay would affect the fundamental right to health and life.

It is further stated in the letter that a swift resolution to the issue is necessary so as to honour the late petitioner's memory and to provide hope to similarly placed persons:

“The untimely demise of the petitioner in this matter highlights the devastating human cost of judicial delays in cases involving access to lifesaving drugs. A swift resolution to this matter would not only honour the memory of the late petitioner but also provide hope to others who are suffering from the dreaded disease but do not have the means to approach the Hon'ble Court.”

The plea was filed in 2022 by a bank employee, who was diagnosed with breast cancer and undergoing targeted therapy. She had pointed out the inaccessibility of the expensive drug and had sought for compulsory licensing or government use licence and other measures to make the drug accessible.

According to the letter, the matter was listed before 8 different judges in 58 postings and has been adjourned 40 times. Presently, it is listed on Wednesday (July 15) before Justice Harisankar V. Menon.