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Kerala High Court Case on Affordable Ribociclib Listed Again After 57 Postings

Advocates have asked top judges to fast‑track a final hearing because long delay leaves constitutional duties on access to life‑saving drugs unresolved.

Overview

  • A coalition led by the Working Group on Access to Medicines wrote to senior judges after the matter was posted for hearing on Wednesday, July 15, 2026, noting the petition has been listed 57 times since January 21, 2023 without a final hearing.
  • The original petitioner died in the early stages of the litigation and the Kerala High Court kept the case open suo motu to address public interest concerns.
  • The petition sought a Government Use Licence under Section 100 of the Patents Act to allow local generic production of Ribociclib and sharply lower prices, but the Union government declined to treat breast cancer as a national‑urgency basis for such a licence.
  • Court records and the working group say the amicus curiae, the Union government, patent authorities, manufacturers and expert bodies have all filed responses and the pleadings stand complete, yet constitutional questions on Article 21 (right to life/health) remain undecided.
  • Ribociclib is reported at about ₹78,469 per month and Abemaciclib between ₹47,752 and ₹95,504 per month while advocates say generics could be 90–95% cheaper, a gap that could shape access policy and affect thousands of patients if the court or executive acts.