The ribociclib breast‑cancer drug case has been listed 57 times before the Kerala High Court without a final hearing. A medicines‑access coalition has written to the chief justice demanding swift administrative action.
Key Takeaways
- Ribociclib case listed 57 times, still awaiting final hearing
- Drug priced at ₹78,468 per month, still under patent protection
- Access group urges Chief Justice of Kerala High Court for speedy disposal
A coalition focused on medicines access has addressed a letter to the Chief Justice of the Kerala High Court, with copies to the President of India and the Chief Justice of India, seeking an urgent administrative push to fast‑track the final hearing of a pivotal case involving the life‑saving breast‑cancer drug ribociclib.
Background and Statistics
According to the 2022 GLOBOCAN report, India recorded more than 190,000 new breast‑cancer cases and approximately 98,337 deaths, making it the most prevalent cancer among women and the leading cause of cancer‑related mortality. In early February 2026, the Ministry of Health and Family Welfare projected a further 240,000 cases for the year, with a substantial proportion belonging to the HR+/HER2‑ (Luminal A) subtype that requires targeted therapies such as ribociclib and abemaciclib.
Legal Framework and Patent Barrier
Ribociclib commands a price of roughly ₹78,468 per month and remains under patent protection, rendering it unaffordable for the majority of patients. The original petition, filed in June 2022, invoked Section 100 of the Patents Act to request a government‑use licence that would enable domestic production of a generic version at a significantly lower cost. The central government declined, arguing that breast‑cancer did not qualify as a matter of national urgency.
Judicial Delays and Human Cost
The petition’s original filer passed away during the early stages of litigation, prompting the High Court to continue the matter suo motu in the public‑interest. Despite being specially listed for a hearing on 21 January 2023, the session was postponed due to roster changes. Subsequent listings in 2025 repeatedly noted the case “for disposal,” yet the most recent hearing is slated for 15 July 2026, after a final listing on 2 July 2026.
Implications and Way Forward
The letter stresses that prolonged judicial inertia in essential‑medicine cases exacts a severe human toll, citing the petitioner’s untimely death as a stark reminder. A swift resolution would honor the petitioner’s memory and restore hope for thousands battling HR+/HER2‑ breast cancer. The coalition concludes by reaffirming respect for the judiciary’s role in safeguarding health, urging that market forces or political hesitation should never obstruct access to life‑saving drugs.