KOCHI: The Kerala High Court on Tuesday directed the Department for Promotion of Industry and Internal Trade (DPIIT), New Delhi to take a final decision on a representation submitted by a cancer patient requesting to make available 'Ribociclib', a lifesaving medicine, at an affordable price.
"The issue projected through the petition requires serious consideration at the hands of the authorities available. As per the available statistics, an alarming number of women succumb to breast cancer by reason of their inability to afford expensive treatment and medication.
The Right to Life guaranteed under the Constitution, coupled with the State's duty to improve public health, calls for emergent and effective action in the matter. Hence, the DPIIT should take a decision in this regard within one month," the court said.
The petitioner, a retired Bank employee receiving a monthly pension of Rs 28,000, is diagnosed with HER2- Negative Metastatic Breast Cancer and is undergoing 'targeted therapy' treatment. The monthly cost of the medicines for treatment works out to Rs. 63,480.
The petitioner submitted that the costliest medicine is Ribociclib, the price which alone comes to Rs. 58,140 per month.
Ribociclib is not manufactured in India and according to the petitioner, if the medicine is manufactured in India, the cost will come down substantially and will be affordable to persons like the petitioner. Ribociclib presently enjoys a patent monopoly and its manufacturers are hence prevented from producing the medicine without the consent of the patent holder.
She pointed out that Section 92 of the Patents Act, 1970 provides for compulsory license and Section 100 empowers the Government to requisition life-saving medicines in cases of extreme necessity. Pointing out these aspects and requiring immediate action, the petitioner has submitted a representation before various authorities.
The petitioner had received an acknowledgement from the Ministry of Women and Child Development informing her that the representation is placed before DPIIT.