Cancer patient dead, her plea for drug listed 57 times for hearing
A writ petition seeking affordable access to life-saving breast cancer medication has faced 57 hearing delays in the Kerala High Court since 2023. Advocates are now urging the Chief Justice of India to expedite the case, citing the high cost of patented drugs and the urgent need for generic alternatives.
Why it matters
The case underscores the tension between patent protections and the right to affordable healthcare, as well as the impact of judicial delays on public health.
A writ petition for access to a life-saving breast cancer medicine, Ribociclib, filed before Kerala high court in June 2022 has been listed for final hearing 57 times since Jan 21, 2023, without the matter being heard.The working group on access to medicines has written to Chief Justice of India, requesting him to consider steps to expedite the hearing to ensure justice for those who need the medicine urgently.The petitioner died in the early stage of the case, after which the HC decided to continue it suo motu, given the larger public interest.'Petitioner death exposes cost of judicial delays'The working group comprises patient advocates, patient groups, civil society organisations, academics, and lawyers. Breast cancer is one of the most common cancers among women in India. The Global Cancer Observatory report of 2022 said India reported more than 1.9 lakh new cases and 98,300 deaths.
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