Kerala High Court Asks Centre To Submit Data On Number Of Persons Suffering From Breast Cancer

The Kerala High Court recently directed the Union of India to collect data regarding persons suffering from different types of Breast Cancer from the Indian Council of Medical Research, New Delhi.

Justice Shaji P. Chaly was dealing with the petition wherein it had taken suo motu cognizance of the unaffordability of patented life-saving medicines, in light of the death of the erstwhile petitioner who had espoused this cause and had not not been able to afford the Ribociclib drug for treatment of her breast cancer.

"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 court said. 

In the plea moved through Advocate Maitreyi Sachidananda Hegde, the deceased petitioner, who was a bank employee and was diagnosed with breast cancer, said that her treatment required three drugs - the monthly expense for which went over ₹63,000, out of which Ribocicilib alone costs ₹58,140. In this regard, she submitted that this life-saving drug, which presently enjoys a patent monopoly, is not being manufactured in India. Its local production would bring down the cost substantially and make it more affordable, she argued.

The petitioner had argued that the the Central government could invoke Section 92 of the Patents Act which provides for compulsory license and Section 100 which authorises the government to requisition life-saving medicines in cases of extreme necessity.  She further alleged that the dormancy by the Centre to provide access to this medication violates the right to health guaranteed under Article 21 of the Constitution of India and the Directive Principles of State Policy under which the Government is obliged to ensure public health.

The petitioner. however, passed away during the pendency of the proceedings. The court later appointed Advocate Hegde as the Amicus Curiae in the matter, after taking suo motu cognizance of the issue. 

Case Title: X v. Union of India & Ors. 

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