Govt To Move Court Against Stay On Drug Policy

The government will move the Supreme Court against the Karnataka High Court decision staying the operation of the Pharmaceutical Policy, 2002, and the announcement of the Drug Prices Control Order (DPCO), 2002.

A public interest litigation was filed in the Karnataka High Court seeking inclusion of more life-saving drugs in the Drug Prices Control Order, 2002.

According to the government, the definition of life-saving drugs is ambiguous. A particular drug becomes life-saving in a particular situation. For instance, in a severe dehydration case, oral rehydration solution (ORS), a simple mixture of salt and sugar, becomes life-saving.

The country is dependent on imports of many life-saving drugs and there is no control on their import prices. An exercise to control their prices will hit their imports and thereby availability, say government officials.

Also, consumption of these drugs is small as compared with the basket of essential and other drugs referred to in the policy. The objective of the policy is to benefit a large number of consumers, that is why the criterion of mass consumption has been laid down, they say.

According to the government, a PIL cannot be filed questioning the pharmaceutical policy as judicial interference by way of a PIL is not available in the sphere of economic policy or reform. Such a stay is restraining the government from exercising its rule making power. Since the policy indicates the thinking in the pharmaceutical sector, it cannot be questioned before the courts.

By staying the pharmaceutical policy, the court has stayed the undertaking of all activity pursuant to the policy, they say.

The proposed policy change will reduce the number of drugs under price control to around 30-35 from 74.