Archive · 27 Jul 2026
Kerala High Court scrutinizes Centre's breast cancer drug stance
The Kerala High Court is looking into whether the Indian government can suggest using a cheaper drug, palbociclib, instead of ribociclib for breast cancer treatment.
The government says both drugs are similar, but doctors and patient advocates argue that treatment should depend on the patient's specific needs, not just the price.
The case started when a patient who couldn't afford ribociclib asked for a cheaper version, but she passed away before the case was resolved.
The court is now asking cancer institutions for their opinions on the matter.
The Kerala High Court is scrutinizing the Centre's suggestion to use palbociclib instead of ribociclib for breast cancer treatment.
The Centre argues that both drugs have similar mechanisms and efficacy, but oncologists say treatment should be patient-specific.
The case began with a petition by a breast cancer patient who could not afford ribociclib, which costs ₹58,000 per month.
Patients' rights advocates argue that the high number of breast cancer deaths constitutes an emergency, necessitating compulsory licensing for lower-cost versions of ribociclib.
The Supreme Court acknowledged the case's public health implications on July 17, 2023.
- Who
- The Union government, Kerala High Court, oncologists, patients' rights advocates, and breast cancer patients.
- What
- A case regarding the access to the breast cancer drug ribociclib and the government's suggestion to use palbociclib as an alternative.
- When
- The case began in June 2022, with ongoing hearings.
- Where
- Kerala High Court, India.
- Why
- The case raises questions about the government's stance on drug substitution and the accessibility of expensive patented medicines for patients.
Government's Position
Patients' Rights Advocates and Oncologists
Drug Substitution
Government's Position
The Centre argues that palbociclib can be used as an alternative to ribociclib, citing similar mechanisms and efficacy.
Patients' Rights Advocates and Oncologists
Patients' rights advocates and oncologists argue that palbociclib is not a universal substitute for ribociclib, as treatment depends on patient-specific clinical circumstances.
Compulsory Licensing
Government's Position
The Centre states that compulsory licensing applies only in cases of national emergency, extreme urgency, or public non-commercial use, which do not exist for ribociclib.
Patients' Rights Advocates and Oncologists
Patients' rights advocates argue that the high number of breast cancer deaths constitutes an emergency, necessitating compulsory licensing for lower-cost versions of ribociclib.
- Drugs in Question
- Ribociclib and Palbociclib
- Cost of Ribociclib
- ₹58,000 per month
- Cost of Palbociclib
- ₹2,000 to ₹4,000 per month
- Breast Cancer Type
- Hormone receptor-positive, HER2-negative
- Percentage of Breast Cancer Cases
- 70%
- Petition Filed
- June 2022
- Patient's Death
- September 2022
- Supreme Court Acknowledgment
- July 17, 2023