In Brief
SC takes cognizance of affordable access to life-saving cancer medicines and judicial delays in right-to-health cases, promising broader examination of the issue.
The Supreme Court on Friday announced it will examine the broader systemic issue of affordable access to life-saving cancer medicines and persistent judicial delays in cases involving the fundamental right to health. The bench expressed serious concern about citizens' inability to access critical medicines due to cost barriers.
Background: India faces a paradox—while it's the 'pharmacy of the world' for generic drugs, domestic patients often cannot afford life-saving cancer medications due to high costs, patent protections, and regulatory delays. Cancer treatment costs can exceed ₹3-5 lakh, putting it beyond reach for 80% of Indians.
Key Facts: (a) Cancer mortality in India increasing annually, (b) Generic drug prices in India often exceed international benchmarks, (c) Patent extension mechanisms delay generic availability, (d) NATCO case (2013) on sorafenib set precedents on patent vs. access, (e) SC recognizing systemic delays in PIL disposals on health matters.
Why It Matters: This invokes (a) Right to Life (Article 21), (b) State's duty under DPSP (Article 39, 41), (c) Principle of patent rights vs. public health (TRIPS flexibilities), (d) Pricing regulation by NPPA vs. pharmaceutical industry, (e) Access to medicines as development goal.
Exam Angle: UPSC Mains questions on (a) Patent law vs. public health in India, (b) Price regulation mechanisms (DPCO, NPPA), (c) Right to health jurisprudence, (d) Pharmaceutical sector regulation, (e) WHO Essential Medicines List implementation, (f) Comparative international patent regimes.
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