SUPREME COURT INITIATES SUO MOTU PROCEEDINGS OVER DELAYS IN AVAILABILITY OF LIFE-SAVING MEDICINES:

The Supreme Court has initiated suo motu proceedings concerning delays in access to life-saving medicines and the need for prompt judicial intervention in cases implicating the fundamental right to life under Article 21 of the Constitution. The matter came before the Court following reports highlighting the extraordinary delay in the adjudication of a writ petition pending before the Kerala High Court, where the case had reportedly been adjourned 57 times before the patient at the centre of the litigation passed away without obtaining a final judicial determination on the issues raised. Taking note of the serious constitutional implications arising from such prolonged delays, a Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan considered it appropriate to exercise its suo motu jurisdiction to examine the broader issues surrounding timely access to essential medical treatment and judicial efficiency.

During the proceedings, the State of Kerala informed the Court that, after the formation of the new State Government, the authorities had imported and supplied the required medicines to the patient. However, despite these efforts, the patient had unfortunately passed away before the legal issues concerning access to the medication could be conclusively decided. The Supreme Court took note of the fact that the writ petition had remained pending for an exceptionally long period despite repeated listings and observed that such delays in matters involving life-saving medical treatment raised significant concerns regarding the effective enforcement of the constitutional guarantee of the right to life. Consequently, the Court issued notice in the suo motu proceedings, permitted interested counsel to intervene and assist the Court, and requested the Chief Justice of the Kerala High Court to ensure the expeditious disposal of Writ Petition No. 18999 of 2022, which remained pending before the High Court.

During the hearing, Senior Advocate Anand Grover sought permission to intervene, contending that the case extended far beyond the facts of an individual patient's grievance and reflected a much larger systemic issue concerning the affordability and accessibility of patented life-saving medicines across India. It was submitted that many newly developed medicines are protected by patents and remain financially inaccessible to a substantial section of the population. Counsel argued that although the Patents Act empowers the Central Government to grant compulsory licences in appropriate circumstances to facilitate wider public access to essential medicines, these statutory powers have rarely been exercised. It was pointed out that only a single compulsory licence had reportedly been issued since 2005, highlighting what was described as a significant gap between the legislative framework and its practical implementation.

The Bench was further informed that the Kerala High Court had already registered a suo motu Public Interest Litigation, titled In Re: Exorbitant Pricing of Life Saving Patented Medicines, after the death of the original petitioner. The High Court subsequently broadened the scope of the proceedings from an individual dispute to a larger public interest matter aimed at examining the systemic challenges posed by the pricing of patented medicines. It was submitted that a comprehensive determination by the High Court could lay the foundation for principles and guidelines capable of being applied across the country. Taking note of the continuing delay in the disposal of the matter despite numerous adjournments, the Supreme Court observed that although it had initially been inclined to allow the High Court to adjudicate the issue independently, the persistent lack of progress necessitated intervention. Accordingly, the Court permitted the intervention application, issued formal notice on the wider national issues concerning access to life-saving medicines, and requested the Chief Justice of the Kerala High Court to ensure that the pending proceedings are concluded without further delay.