Non-availability of generic drugs: HC reserves order on PIL

The Delhi High Court today reserved its order on a PIL seeking its direction to the Centre to make available generic medicines and medical treatment to the public at a reasonable cost.
A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw, after hearing the submissions of the petitioner NGO's counsel, said the court would consider it.
"We will consider it and will pass an order on the basis of material placed before the court," the bench said.
NGO Fight For Human Rights's advocate K R Chitra submitted that there was no regulatory authority to ensure that medical device firms do not overcharge patients and non-availability of medicines at affordable rates is a violation of fundamental rights.

The counsel argued that majority of Indian population is living below the poverty line and they are not in a position to purchase branded medicines at high cost.
"India has strong capability to produce generic medicines in almost all the therapeutic categories. India is one of the world's largest exporters of generic drugs to over 200 countries, including the highly regulated markets of US, Europe, Japan and Australia and hence respondent no.1 (Union of India) is bound to make available generic medicines on a largescale throughout India...," Chitra, who is also one of the trustee of the NGO, said.

It has also arrayed Union of India and Medical Council of India (MCI) as parties in the matter.

During the hearing, counsel for the government, said there are stores in Delhi where generic medicines are available and when the need arises, more such stores are opened.
Counsel appearing for MCI also said the council has taken out a circular asking medical practitioners to prescribe generic medicines to the patients, as far as possible.