Over dependence on China for basic ingredients to make medicines a cause for concern: Madras HC

Over dependence on one country, China, for basic ingredients required to make medicines is a cause for concern, observed Justice N Kirubakaran of the Madras High Court.

India has emerged as a pioneer in pharmaceuticals. Yet, for the basic ingredients of medicine-making, it is heavily dependent on imports from one single neighbour nation - China. “This dependency handicaps us in responding effectively to security and other breaches by the neighbour. It also makes our patients to more often contend with spurious and sub-standard drugs and placing them in a vulnerable prospect of going without medicines if tensions escalate between the two countries, especially after Galwan valley tussle,” he said.

The Judge’s observations in his 226-page judgment was passed on a couple of writ petitions filed in 2017 by the city-based Vinkem Labs. The company that manufacturers medicines to treat cancer complained about lack of government support in carrying out generic research.

The petitioner also wanted the Centre to give preferential allotment/necessary quota in all public procurements for medicines manufactured with indigenously produced Active Pharmaceutical Ingredients.

“Though we do not import medicines as such, we import the active ingredients of a medicine that is known as Active Pharmaceutical Ingredients/Bulk Drugs and make finished dosages out of it for domestic and export purposes,” the Judge said.

Not much investment in research

Justice Kirubakaran observed, “Our country is not investing much on research, and researchers are not encouraged. In view of lack of support for research, experts are compelled to migrate to other countries where they are encouraged. We have already lost very capable brains to other countries by brain drain. Therefore, it is time to retain the experts/scientists like petitioner by giving required support, more importantly trained support.”

“We are witnessing with pain the global impact of Covid virus on all facets of human life. There cannot be a more critical time than this to reflect and act upon the issue of self-reliance for essential drugs,” he said.

The First Bench of the Madras High Court recently observed that non availability of essential drugs is to be treated as National Emergency and called upon the Governments to hold discussions with all stakeholders to ensure their production within the country holding both the Governments equally responsible.

“The Governments and its various limbs are called upon to approach the matter with sensitivity in this light and the petitioner is called upon to raise like a phoenix and accomplish its scientific mission to provide succour to ailing patients across the spectrum,” Justice Kirubakaran said.

Constitution of committee

The Judge ordered the constitution of a committee comprising joint secretary-level officers from the Union Ministries of Pharmaceuticals and Finance and Department of Pharmaceuticals, Tamil Nadu, to facilitate all necessary requirements of the petitioner. This includes fiscal and regulatory help for R&D; commercialisation; development of industry and facilitations for regulatory compliance.

The committee will be formed and come into effect within eight weeks from the date of issuance of a copy of the order. NL. Rajah, Senior Counsel appointed as amicus curiae by the Madras High Court, would act as convenor and coordinator for the above committee, the order said.

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