HC restores govt power to set 739 medicine prices
Staff Reporter :
The High Court has reinstated the government’s authority to fix prices for 739 medicines by reviving a 1993 gazette.
The HC bench, comprising of Justice Md Rezaul Hasan and Justice Bishwajit Debnath, issued the order on Monday after disposing of a writ petition filed by the human rights organisation Human Rights and Peace for Bangladesh (HRPB).
With this ruling, the government will retain the authority to set prices for most locally produced medicines, rather than leaving it in the hands of manufacturers, the petitioner’s lawyer said.
The health secretary, director general of health, director general of drug administration, and the president and secretary of the Medicine Owners’ Association, along with other relevant officials, have been directed to implement the order.
Petitioner’s lawyer Manzil Morshed explained, “Section 11 of the Drug Control Ordinance 1982 empowers the government to regulate medicine prices. Based on this, the health ministry issued a gazette on 18 September 1993, fixing prices for 739 medicines. However, on 26 February 1994, the ministry issued a circular restricting this authority to only 117 medicines, allowing manufacturers to set prices for the remainder.”
“The HRPB challenged the 1994 circular in the public interest by filing a writ petition in 2018. The High Court subsequently issued a rule asking why the circular should not be declared illegal. After extensive hearings, the verdict has now been delivered,” he added.
During the hearings, Morshed argued that medicines are essential for survival, and price hikes directly affect citizens’ right to life. He contended that the 1994 circular, by limiting government authority, undermined this fundamental right and urged the court to nullify it, ensuring that the government retains power to set prices for life-saving medicines.
Morshed further stated that the court, while disposing of the rule, directed under Article 112 of the Constitution that prices of essential life-saving medicines must be fixed by the government. The court also ordered that these prices be determined by the proper authority and officially published in gazette form.”