Cancer Patient, Whose Petition For Access To Life-Saving Drug Was Listed 57 Times In Kerala HC, Dies

Last Updated:July 11, 2026, 17:19 IST

The petition had sought a government-use licence under Section 100 of the Patents Act to facilitate local production of cheaper generic alternatives.

A petition seeking affordable access to the breast cancer drug Ribociclib, pending before the Kerala High Court since June 2022, has been listed for final hearing 57 times since January 21, 2023, without substantive proceedings.

The Working Group on Access to Medicines has now urged the Chief Justice of India to intervene and expedite the matter, citing the urgent needs of patients dependent on the drug.

Group Writes To CJI

The case was originally filed by a cancer patient, who died in the initial stages of the proceedings, TOI reported. Recognising the broader public significance of the issue, the high court decided to continue hearing the matter on its own motion.

Comprising patient advocates, civil society organisations, academics and legal experts, the working group highlighted the burden of breast cancer in India. Referring to data from the Global Cancer Observatory’s 2022 report, it noted that the country recorded more than 1.9 lakh new cases and 98,300 deaths.

“Official data tabled in Parliament by the ministry of health and family welfare in early Feb 2026 made an estimated projection of 2.4 lakh. Among these, patients with Luminal A (HR+/HER2-) breast cancer, an invasive subtype that can spread to other parts of the body, require targeted medicines, such as Ribociclib and Abemaciclib, to save their lives. These medicines are critical for HR+HER2- patients because these medicines can be used to treat patients at an early stage. However, these medicines are prohibitively expensive as they are under patent protection (Ribociclib is over Rs 78,400 per month and Abemaciclib Rs 47,700 to 95,500 per month)," the letter stated, according to TOI.

Petition Seeks Cheaper Generic Alternatives Of Cancer Drug

The petition had sought a government-use licence under Section 100 of the Patents Act to facilitate local production of cheaper generic alternatives. “A govt use licence facilitates production of the generic version of the drug locally, and at an affordable price. Often, the price of the generic versions is 90%-95% cheaper than that of the originator. While the govt acknowledged the medicine’s effectiveness, it refused to issue a govt use licence, stating that breast cancer did not constitute a matter of national urgency," the group said.

The letter noted that the court-appointed amicus curiae, the Union government and the pharmaceutical companies involved have all submitted their responses, completing the pleadings. “The pleadings stand completed. Yet the constitutional questions on the obligations of the govt under Article 21 with regard to access to medicines remain unaddressed," it said.

“The untimely demise of the petitioner in this matter highlights the devastating human cost of judicial delays in cases involving access to lifesaving drugs," the letter added, arguing that an early resolution could offer relief and hope to many patients unable to bear the cost of treatment.

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