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SC endorses NGO’s charges, direct govt to review DPCO 2013

16 Jul 2015 Evaluate

Responding to the charges of a non-governmental organization (NGO), the Supreme Court while terming Centre’s drug pricing policy to be unreasonable and irrational for fixing prices at the very high level, has asked the government to review its market-based drug pricing policy within six months. All India Drug Action Network, the NGO, had flagged several concerns about the Drug Price Control Order (DPCO) of 2013. These included the fact that the DPCO had left out several life-saving medicines from the order, changed the pricing formula and left out drugs required in national health programmes to check diseases such as malaria, TB and HIV. The DPCO lists 348 drugs for price control. The NGO wants the list to be extended to include all drugs on the national list of life-saving drugs.

The NGO had also contended that DPCO must also extend to all strengths, combinations and dosages, as the 2013 order excluded fixed dose formulations, essential medicines of the same chemical drug, preparations appropriate for children and patented drugs.

A bench, comprising Justices TS Thakur, V Gopala Gowda and R Banumathi, while keeping the petition pending, directed that all these issues will now be looked at by the Union ministries of health, and chemicals and fertilizers and the ministries will have to give reasoned orders to justify any decision.

The bench prima facie observed that the new government pricing policy was 'absurd, irrational' as it was based on market prices. One of the member even stated that 'What kind of control is this? The allegation is that power drug manufacturing lobby has taken control and the policy is not pro-poor but pro-companies.' The bench also noted that instead of the earlier cost-based pricing, the new pricing of averaging the profits meant that the government was legitimising profiteering.

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