Urgency in Delayed Judicial Proceedings
A recent letter addressed to Chief Justice Soumen Sen of the Kerala High Court calls for urgent action to accelerate the court’s decision on a pivotal case concerning access to costly patented breast cancer medications. This plea gains significance as the original litigant, a cancer patient, passed away during the litigation process. The matter, deemed of public interest, was converted into a suo motu case by the court. Despite being listed 57 times, a final verdict remains pending.
Chronology of the Case
The letter outlines the case’s procedural history, illustrating the numerous listings and adjournments it has undergone. “The case status demonstrates 57 listings, with repeated placements for disposal throughout 2025. However, final adjudication remains elusive,” the letter states. The case was last listed on July 2, 2026, and will next appear on July 15, 2026.
Impact of Judicial Delays
The letter underscores the human toll of these judicial delays, emphasizing that a prompt resolution would honor the deceased litigant and benefit others unable to seek legal recourse. “The untimely death of the petitioner highlights the severe consequences of delays in cases involving access to life-saving drugs. A swift resolution would honor her memory and provide hope to others battling this disease,” the letter asserts.
Case Background
The writ petition, initiated in June 2022, was filed by a cancer patient who highlighted the prohibitive cost of essential medications. Ribociclib, priced at approximately ₹78,468.75 per month, and Abemaciclib, ranging from ₹47,752 to ₹95,504 monthly, remain financially out of reach for many due to patent restrictions. These patents inhibit other manufacturers from producing affordable alternatives. The petitioner succumbed to her illness in September 2022.
Continued Legal Proceedings
Following the petitioner’s death, the court opted to continue the case as a suo motu matter under the title ‘In Re Exorbitant Pricing of Life-Saving Patented Medicines.’ During subsequent hearings, the court sought detailed responses from the Union government and involved pharmaceutical companies. Expert opinions on alternative treatments and the interchangeability of medications were also requested.
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Current Status and Call to Action
The letter, submitted by Jyotsana Singh and KM Gopakumar from the Working Group on Access to Medicines and Treatment, demands the Chief Justice take administrative measures to ensure an uninterrupted final hearing. “Hon’ble Chief Justice, this issue transcends individual suffering, addressing the collective health and dignity of Indian women. Breast cancer significantly impacts women’s health, and access to essential medicines is crucial for reducing preventable deaths,” the letter emphasizes. It further stresses that delays in adjudicating such cases violate patients’ fundamental rights to health and life, as enshrined under Article 21 of the Indian Constitution, a principle repeatedly upheld by the Supreme Court of India.
