In a recent development, the Kerala High Court has directed the Central Government to collect data from the Indian Council of Medical Research (ICMR) about persons suffering from different types of breast cancer. The order was passed in the case of xxx v. Union of India on a plea that sought compulsory licensing of the life-saving breast cancer drug, Ribociclib.

Despite the petitioner, who suffered from breast cancer, later succumbing to her disease during the pendency of the petition, the Court took cognizance of the larger issue of the high cost of the drug. The Court appointed the petitioner’s counsel, advocate Maitreyi Hegde as amicus curiae in the matter, and it was based on her request for the data that the Court passed the present interim order.

The petitioner, in this case, had been diagnosed with HER2- Negative Metastatic Breast Cancer and was undergoing targeted therapy when she approached the Court raising the issue of the price of Ribocicilib, which costs around Rs. 58,140. Ribociclib presently enjoys a patent monopoly, and its manufacturers are prevented from producing the medicine without the consent of the patent holder, Novartis.

It was pointed out that the government can invoke Section 92 of the Patents Act, 1970, which provides for a compulsory license, and Section 100, which empowers the government to requisition life-saving medicines in cases of extreme necessity. The inaction by the government in providing access to medication infringes upon the right to health guaranteed under Article 21 of the Constitution of India and violates the directive principles of state policy, which impose an obligation on the Government to ensure public health.

The Court’s interim order has now directed the Ministry of Health and Family Welfare to collect the details from the sixth respondent and submit a report before the Court within one month. The move is seen as a step in the right direction towards providing access to life-saving medicines for patients suffering from breast cancer.