Is restricting manufacture of Oxytocin to single PSU in public interest? SC larger bench to decide

The Supreme Court on Thursday referred to its larger bench the question whether it would be in public interest to restrict manufacture of life-saving drug, Oxytocin, for domestic use to a single public sector undertaking.

The apex court framed several questions for authoritative pronouncement by its larger bench while dealing with the Centre's appeal against Delhi High Court's December last year verdict quashing the government's decision to ban private firms from making and selling Oxytocin, used to induce labour and prevent bleeding during child birth.

A bench of Justices A M Sapre and Indu Malhotra said the plea before it raises serious issues "having far-reaching implications" and it is a fit case to refer the matter to a larger bench of three judges to consider the questions of law and authoritatively pronounce upon the same.

"The twin issues which arise for consideration are on the one hand, the unregulated and clandestine manufacture of the drug Oxytocin, which is reportedly misused in milch animals; and on the other hand, the continued supply of an essential life-saving drug, which is used as the first line drug for prevention and treatment of post partum haemorrhage at the time of childbirth," the bench said.

The top court noted that Oxytocin is an essential life-saving drug, which is included in the National List of Essential Medicines, 2011 (NLEM).

It framed several questions for adjudication by a larger bench, including, "Whether it would be in public interest to restrict the manufacture of a life-saving drug for domestic use, to a single public sector undertaking, to the complete exclusion of the private sector companies, particularly in view of the high maternal mortality rates in the country?"
He said the decision either way will have its "far-reaching effects on the right and health of public at large qua the state."