Kerala High Court Lists Cancer Drug Plea 57 Times Without Hearing; Petitioner Dies
A writ petition filed in the Kerala High Court in June 2022 seeking access to the life-saving breast cancer drug Ribociclib has been listed for final hearing 57 times since January 21, 2023, without the matter being heard. The petitioner, a breast cancer patient, died during the early stages of the case. The court subsequently decided to continue the case on its own motion (suo motu) given the larger public interest.
The Working Group on Access to Medicines has written to the Chief Justice of India requesting expedited hearing. The group comprises patient advocates, patient groups, civil society organizations, academics, and lawyers. In its letter, the group noted that the petitioner's death highlights the human cost of judicial delays in cases involving access to life-saving drugs.
Breast cancer is among the most common cancers in women in India. The Global Cancer Observatory reported over 1.9 lakh new cases and 98,300 deaths in 2022. Official data tabled in Parliament in February 2025 projected 2.4 lakh new cases. Patients with Luminal A (HR+/HER2-) breast cancer require targeted medicines like Ribociclib and Abemaciclib, which are under patent protection and expensive—Ribociclib costs over Rs 78,400 per month, and Abemaciclib between Rs 47,700 and Rs 95,500 per month.
The petition sought a government use licence under Section 100 of the Patents Act, 1970, which would allow production of generic versions at affordable prices—often 90–95% cheaper. The government acknowledged the medicine's effectiveness but refused to issue a licence, stating that breast cancer did not constitute a national urgency. The working group argued that the government has not provided a reasoned response regarding access to life-saving medicines and the right to health.
After taking up the case suo motu, the high court appointed an amicus curiae and received detailed responses from all respondents, including the Union of India and the drug manufacturers. The working group noted that all pleadings are complete, yet constitutional questions under Article 21 (right to life) regarding access to medicines remain unaddressed. A swift resolution, the group said, would provide hope to other patients who cannot afford the drugs.
