Case listed 57 times, litigant dead: Letter to Kerala HC CJ flags delays in case concerning life-saving cancer drugs

A letter has been address to the Kerala High Court Chief Justice Soumen Sen calling for measures to expedite the Court's decision on a case concerning access to expensive patented breast cancer medicines.

The July 10 letter recounts that the litigant, a cancer patient herself, died months into the litigation. Considering the public interest involved in the matter, the Court had converted the matter into a suo motu case.

However, despite being listed at least 57 times, a final decision is yet to be taken in the matter, flags the letter.

"The chronology of the proceedings speaks for itself. The official case status, enclosed with this representation, reflects that the matter was listed at least 57 times. More significantly, after completion of pleadings, the matter has repeatedly been listed 'FOR DISPOSAL' during 2025, yet the final adjudication has continued to elude the proceedings. After being listed on 2 July 2026, the matter now stands posted to 15 July 2026," states the letter.

It adds that a prompt decision in the case would not only honour the original litigant's memory, it would also benefit others who suffer from breast cancer who may not be in a position to approach the Court directly.

"The untimely demise of the petitioner in this matter highlights the devastating human cost of judicial delays in cases involving access to lifesaving drugs. A swift resolution to this matter would not only honour the memory of the late petitioner but also provide hope to others who are suffering from the dreaded disease but do not have the means to approach the Hon’ble Court," the letter said.

The representation concerns the writ petition filed in June 2022 by a cancer patient in need of life-saving drugs that were flagged for being exorbitantly expensive.

These medicines include Ribociclib, which costs about ₹78,468.75 per month, and Abemaciclib, which is sold at ₹47,752 to ₹95,504 per month.

They remain expensive and inaccessible for many patients due to the patent protection, which prevents other manufacturers from producing or selling the medicine at a lesser price without the consent of the patent holders.

In September 2022, the petitioner succumbed to her illness.

On September 16, 2022, the Court decided to continue considering the matter as a suo motu case under the title 'In Re Exorbitant Pricing of Life Saving Patented Medicines.'

In ensuing hearings, the Court called for comprehensive responses from the Union government, impleaded pharmaceutical companies manufacturing the drugs and sought expert inputs on alternative therapies and the scientific interchangeability of medicines.

The letter, while tracing the case history, states that all stakeholders have been heard, reports sought have been placed on record and all pleadings stand completed.

Although the case was repeatedly been listed for disposal, final adjudication has not taken place. It was listed at least 57 times since its institution and adjourned 40 times, besides being placed before 8 different judges during its pendency.

The matter was even specially listed for an exclusive final hearing on January 21, 2023, but the hearing could not take place because of a roster change.

The letter flagging these delays comes days before the case is listed next before Justice Harishankar V Menon on July 15.

The letter was submitted by Jyotsana Singh and KM Gopakumar, co-conveners of the Working Group on Access to Medicines and Treatment.

It now calls on the High Court's Chief Justice to take administrative steps to ensure an early and uninterrupted final hearing of the matter.

"Hon’ble Chief Justice, the issue at hand goes beyond individual suffering and addresses the collective health and dignity of women in India. Breast cancer disproportionately impacts women’s health, and access to life-saving medicines is essential for reducing preventable deaths. Delays in adjudicating cases involving access to essential medicines deprive patients of their fundamental right to health and life under Article 21 of the Constitution of India, which has repeatedly been underlined by the Hon’ble Supreme Court of India," the letter adds.