XXX RESIDENT OF ERNAKULAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a retired Bank employee receiving a monthly pension of Rs.28000.00, is diagnosed with HER2- Negative Metastatic Breast Cancer and is undergoing 'targeted therapy' treatment. The monthly cost of the medicines for treatment works out to Rs.63,480.00. The split up details of which are as under:-

(2.) The costliest medicine is Ribociclib, the price which alone comes to Rs.58,140.00 per month. Ribociclib is not manufactured in India and according to the petitioner if the medicine is manufactured in India, the cost will come down substantially and will be affordable to persons like the petitioner. Ribociclib presently enjoys patent monopoly and their manufactures are hence prevented from producing the medicine without the consent of the patent holder. The petitioner refers to Sec. 92 of the Patents Act, 1970 which provides for compulsory license and Sec. 100 which empowers the Government to requisition life saving medicines in cases of extreme necessity. Pointing out these aspects and requiring immediate action, the petitioner has submitted Ext.P25 representation before various authorities. The petitioner has received an acknowledgment from the 4th respondent informing that her representation is placed before the 3rd respondent. As an interim measure the petitioner is seeking a direction to the 3 rd respondent to consider her representation and take reasoned decision thereon without further delay.

(3.) Having heard the learned counsel for the petitioner, I find that the issue projected through the writ petition require serious consideration at the hands of the authorities available. As per the available statistics an alarming number of women succumbing to Breast cancer by reason of their inability to afford expensive treatment and medication. The right to life guaranteed under the Constitution, coupled with the State's duty to improve public health, call for emergent and effective action in the matter. Hence, there shall be an interim direction to the 3rd respondent to take up Ext.P25 representation and to pass a reasoned order thereon after consultation with the other authorities. The order, as directed above, shall be passed within four weeks. The learned ASG shall communicate a copy of this order to the 3rd respondent.