SC to Rule on Patients Unable to Afford Life-Saving Drugs & Judicial Expediency
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has taken suo motu cognisance of the high cost of life-saving drugs and delays in judicial proceedings, following the death of a cancer patient awaiting a Kerala High Court order on access to affordable medicines. The case highlights the conflict between patent protection and the right to life under Article 21.
Background
A woman with metastatic breast cancer approached the Kerala High Court in 2022 seeking a direction to the Centre to invoke Section 100 of the Patents Act, 1970, to grant a Government Use License for a generic version of Ribociclib. The Centre declined, citing no 'national urgency'. The patient died before the HC could decide.
Key facts
SC took suo motu cognisance of a representation by the Working Group on Access to Medicines and Treatment, reported by TOI on July 11, 2026.
The bench comprised Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.
The case involves exorbitant pricing of patented drugs for cancer and similar diseases.
Section 100 of the Patents Act, 1970, allows the central government to use a patented invention for governmental purposes in public interest, including public health.
The Centre had refused to invoke Section 100, stating no 'national urgency' existed.
The Kerala HC matter was listed multiple times between June 2, 2022 and September 16, 2022, but remained undecided.
The SC expressed displeasure over the delay in the HC and will decide the larger issue of access to affordable life-saving drugs.
The Union government has been asked to respond on the issue of exorbitant drug prices.
Prelims pointers
- Article 21: Right to Life
- Patents Act, 1970
- Section 100: Government Use License
- Suo motu cognisance
- Supreme Court of India
- Kerala High Court
- Ribociclib (cancer drug)
- Working Group on Access to Medicines and Treatment
Mains angles
- GS2: Judiciary – judicial delay and access to justice
- GS2: Health – right to health and affordable medicines
- GS3: Economy – patent laws vs. public health, TRIPS flexibilities
- GS2: Polity – separation of powers, executive inaction on Section 100