Kerala HC directs Central Govt to collect data of patients of different types of breast cancer
The late petitioner, who was suffering from HER2- Negative Metastatic Breast Cancer, succumbed to her disease during the pendency of the present plea.
The Kerala High Court recently directed the Ministry of Health and Family Welfare to collect data with respect to the persons suffering from different types of breast cancer from the Indian Council of Medical Research, New Delhi, and submit a report before the court.
The bench of Justice Shaji P Chaly issued the direction in a writ petition filed last year by a breast cancer patient. Among other things, the petitioner had sought compulsory licensing of the breast cancer drug, Ribociclib.
During the pendency of the petition, the petitioner succumber to her disease, after which, the high court appointed Advocate Maitreyi Hegde, the petitioner's counsel, as amicus curiae in the matter.
During the latest hearing in the matter last week, the amicus curiae, in the larger public interest, sought court's direction to the Central Government to collect data on all breast cancer patients, to which the court acceded.
The late petitioner was suffering from HER2- Negative Metastatic Breast Cancer. She moved the high court raising issues pertaining to the high cost of Ribocicilib. The life-saving drug, at present, costs around Rs. 58,140.
The petitioner was a retired Bank employee receiving a monthly pension of Rs. 28000. She had then contended that the cost of Ribociclib, which is not manufactured in India, can come down substantially if the same is locally manufactured.
“Ribociclib presently enjoys a patent monopoly and their manufacturers are hence prevented from producing the medicine without the consent of the patent holder,” the petitioner had submitted.
Counsel for the petitioner had also referred to Section 92 of the Patents Act, 1970 which provides for a compulsory license, and Section 100 which empowers the Government to requisition life-saving medicines in cases of extreme necessity.
The petitioner had then apprised the court that she had already submitted her representation before various authorities and had received an acknowledgment from the Ministry of Child and Development informing her that the representation is pending before the DPIIT.
Therafter, she had moved the high court seeking direction to the Department for Promotion of Industry and Internal Trade (DPIIT) to consider and pass orders on her representation.
In June, 2022, the high court had directed the DPIIT to consider compulsory licensing of the breast cancer drug.
Case Title: xxx v. Union of India