The Supreme Court of India has taken a significant step by initiating a suo motu case to address the delays in judicial proceedings related to access to life-saving medications. The case, titled In Re: Access to Life-Saving Medicines and Judicial Expediency in Article 21 Matters, aims to ensure that such critical cases are adjudicated promptly.
A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana has issued a notice regarding this matter. The court has also indicated the potential formulation of nationwide guidelines designed to expedite the decision-making process in cases that involve life and liberty, as guaranteed under Article 21 of the Indian Constitution.
The Supreme Court’s intervention was prompted by a letter from Jyotsna Singh and KM Gopakumar, co-conveners of the Working Group on Access to Medicines and Treatment. This letter brought to light a delay in a case pending before the Kerala High Court, which involved access to costly patented drugs for breast cancer treatment. Tragically, the petitioner, a cancer patient, passed away while her case was still unresolved, despite it being converted into a suo motu case by the Kerala High Court in September 2022 due to the public interest involved.
The letter highlighted that the case had been listed 57 times and had been heard by eight different judges over the years, yet no final decision was reached. This letter was also sent to Chief Justice of India Surya Kant, prompting the Supreme Court to take action.
In response, the Supreme Court has urged the Kerala High Court to expedite the resolution of this case. Currently, the central issue revolves around two life-saving drugs, Ribociclib and Abemaciclib, which are prohibitively expensive for many patients. The Kerala High Court has sought reports from four expert bodies, including the Drugs Controller General of India, to assess whether the off-patent drug Palbociclib could safely serve as a substitute for Ribociclib.
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This assessment is crucial as it may influence the central government’s decision on utilizing its powers under the Patents Act, 1970, to issue compulsory licenses, thereby improving access to these essential medicines. The Kerala High Court is scheduled to continue its proceedings on August 21.
The Supreme Court’s decision to examine the delays in Article 21 cases underscores the importance of timely justice in matters involving life-saving treatment. This move aims to prevent further tragedies due to judicial delays and to ensure that patients receive timely access to essential medications.
