Two years after it was officially announced, implementation of Pharma Policy 2002, which includes the much discussed liberalized Drugs Price Control Order (DPCO), seems to be of nobody's interest. None of the aggrieved parties have approached the Supreme Court to seek a date for the final hearing.
While a section of the industry feels that a stay on the policy is much better than a negative verdict, the government seems to have been caught up with the nitty-gritty of the legal procedure. Even some of the NGOs who were involved in the case through Public Interest Litigations seeking inclusion of more life saving drugs under price control have preferred to keep quite.
The last hearing on the case took place on November 21, 2003 when the SC admitted the matter as a Civil Appeal. The SC had asked the parties involved to exchange the affidavits and also granted the liberty to mention the matter for final hearing in the second week of January 2004. Though two months have passed, none of the parties have approached the court for a date, it is learnt.
According to industry sources, the reasons for the delay could be anything including the nearing Lok Sabha elections to the retirement of the present chief justice, which is just a few months away. They feel that all parties involved would like to see the attitude of the new government with regard to the new policy. The government sources, also pointed out to the same developments as possible reasons for the current disinterest, but informed that they are in touch with the law department to see if they are really the ones to inform the court about the new dates.
Though it was the government that appealed against the Karnataka HC verdict against the new policy, the lack of interest among other interest groups, including the industry, may prompt them to give up the case, it is learnt. However, much depends on the attitude of the new C&F secretary and also the incumbent government.
It may be recalled that the Karnataka HC, while granting a stay on the policy had adjudged that the policy was "arbitrary and unreasonable and violative of relevant provisions of Essential Commodities Act, 1955 and Article 14 and 21 of the Constitution only to the extent of the price control mechanism adopted in the policy to determine drugs under price control".
The petitioners had contended that the Pharmaceutical Policy 2002 had been framed like a business policy and if it were allowed to enforce it would take away the essential and life saving drugs out of the ambit of the Drug Price Control Order (DPCO) which was highly detrimental to public interest on a detailed consideration of rival contention.