Professional Documents
Culture Documents
Memorial - R
Memorial - R
TABLE OF CONTENTS
AACL 5th National Moot Court Competition, 2020
List of abbreviations…………………………………………………………….....…..…3-4
Index of authorities………………………………………………………………….....…5-7
Statement of jurisdiction…………………………………………………………....….…..8
Statement of Facts………………………………………………………………….…….9-11
Issues presented…………………………………………………………...……………..…12
Summary of Arguments…………………………………………………….……………....13
Arguments Advanced ………………………………………………………..…………14-35
1.1. Absence of process Patent…………………………………...………...…...14
1.2. Disparate diseases…………………………………………………..…...….15
1.2.1. Difference in symptoms………………………………………….….
……...15
1.2.2. Difference in product specifications……………………….……………..17
1.2.2.1. Doctrine of pith and marrow……………………...….
…………..17
1.3. Assessment of Patent Office’s findings…………………………….………20
2.1. Adherence to prescribed Procedural Guidelines……………….……………22
2.1.1. Role of Government in public health………………………………...
……..23
2.1.2. Completion of bioequivalence and approval of DCGI…………….....….23
2.2. Consensual and informed participation in bioequivalence studies…………
24
2.2.1. Wash out period……………………………………………………………..…
25
2.2.2. Participation of subjects in similar studies………………………………..27
2.2.3. Absence of report by petitioners…………………………………………….27
3.1. Conscientiousness of approval of generic
drugs…………………………….29
3.1.1. Absence of arbitrariness……………………………………………….…...29
3.1.1.1. Tender Procedure…………...………………………………….. 30
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LIST OF ABBREVIATIONS
Abbreviation Expansion
& And
Anr. Another
Art. Article
Dept. Department
Hon’ble Honorable
HC High Court
Govt. Government
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% Percent
Sec. Section
SC Supreme Court
v. Versus
INDEX OF AUTHORITIES
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CASES
STATUTES
BOOKS
1. Banerjee, B.P., Writ Remedies: Remediable Rights Under Public Law (5th Ed., 2010)
2. Basu, DD, Introduction to the Constitution of India, (22nd Ed., Lexis Nexis, 2015)
3. Blackstone’s International Human Rights Documents (1st Ed.)
4. Das, J.K, Intellectual Property Rights
5. Fitzgerald, P.J., Salmond on Jurisprudence (12th Ed.)
6. Human Rights, III. The Relative Nature, (2014)
7. Intellectual Property Manual, (LexisNexis Legal to Business)
8. L. Wadhera on Patent, Trademarks, and Copyright Law.
9. Malik, Surendra, Supreme Court on Drugs, Medical Laws and Medical Negligence
10. Meenu Paul, Intellectual Property Law.
11. MP Jain, Indian Constitutional Law, (7th Ed., Lexis Nexis, 2016)
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MISCELLANEOUS
Law Reports
3. Manupatra
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Online resources-
1. http://www.scconline.com
2. http://www.manupatrafast.com
3. http://www.westlawindia.com
4. http://www.jstor.org
5. http://janaushadhi.gov.in
6. https://cdsco.gov.in
7. .http://www.ipindia.nic.in
8. hthttps://www.ohchr.org/en/udhrtps://dhr.gov.in
9. https://www.inflibnet.ac.in
10. https://cdscoonline.gov.in/CDSCO/homepage
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STATEMENT OF JURISDICTION
1. The Hon’ble Supreme Court has exercised its power vested by Article 139A(1)1 of the
Constitution to transfer to itself the infringement suit pending in the High Court of
Shazanpur, filed by the Appellants i.e., ProtoCare Pharma Private Limited.
2. The Petitioners i.e., Mr. Arjun and ors. have approached the Hon’ble Supreme Court
under Article 322 of the Constitution by virtue of epistolary jurisdiction.
1 Where cases involving the same or substantially the same questions of law are pending before the Supreme
Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its
own motion or an application made by the Attorney General of India or by a party to any such case that such
questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases
pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme
Court may after determining the said questions of law return any case so withdrawn together with a copy of its
judgment on such questions to the High Court from which the case has been withdrawn, and the High Court
shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.
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3. The Petitioners i.e., Health Indenia Foundation have approached the Hon’ble Supreme
Court under Article 323 of the Constitution.
STATEMENT OF FACTS
1. Indenia, a country in South Asia, aims to establish a democratic socialist society with
emphasis on a well-planned, mixed economy. However, it has been popularly opined
that there is a high prevalence of crony capitalism in the country.
2. Production of generic drugs has been the norm, owing to the one-third population
living below poverty line, until 2005 when Indenia began to grant pharmaceutical
product patents.
I
3. ProtoCare Pharma Private Limited (hereinafter referred to as ProtoCare), a foreign
multinational pharmaceutical corporation with its unit in Shazanpur, has invented a
drug in its brand name Beta-X which is the only life-saving drug for a deadly disease
named Nenzimer, through the use of a tediously drawn-out process.
4. After compliance with the required regulatory mechanisms pertaining to
manufacturing, ProtoCare applied for the product patent of the drug before the Patent
Office of Indenia and was granted the same on 8th January, 2017 (No. 879269)
5. Meanwhile, another serious disease named Bronchus Trivoza emerged in a small
village called Raigaon in the state of Shazanpur. It originated from Maldenia, a
neighboring country. If proper treatment is not provided on time, it will lead to
3 Ibid
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blockage of respiratory tract and finally results in death. Death rate was estimated to
be around 525 within a short span.
6. Cure for Bronchus Trivoza was discovered by Mixo Chemicals and Pharmaceuticals
Limited (hereinafter referred to as Mixo) through a drug named Metrophill Codac.
The price of the drug being too high, it was unaffordable by a common man and the
death toll was increasing. The National Pharmaceuticals Pricing Authority
(hereinafter referred to as NPPA) issued a notification under the Drug Price Control
Order, 2013 by fixing the price of the drug as Rs. 680 (retail price exclusive of GST)
7. An application to obtain a synergistic patent over Metrophill Codac was rejected by
the Patent Office.
8. Mr. Savanth (former intern at ProtoCare), during his internship at Mixo, discovered
that Metrophill Codac was being prepared by using the process of Beta-X, the product
brand of ProtoCare. After confirmation of such use of process, ProtoCare filed an
infringement suit before the Patent Office of Indenia, which was rejected and the
same was upheld by the Intellectual Property Appellate Board (hereinafter referred to
as IPAB). Appeal has been filed against the order of IPAB to the High Court of
Shazanpur.
II
9. A generic drug named Metrocine for the treatment of Bronchus Trivoza was launched
by Forhealth Laboratories (hereinafter referred to as For Health) on 7th June, 2019.
Export license for the same was granted by the Drug Controller General of India
(hereinafter referred to as DCGI) to export the drug to Maldenia, which proved to be
highly effective.
10. Bureau of Pharma Public Sector Undertakings of Indenia (hereinafter referred to as
BPPI), an independent society functioning under the Dept. of Pharmaceuticals set up
by the GoI, was directed by the Ministry of Health and Family Welfare to take
appropriate action for enabling affordable access to the generic drug of the disease
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III
13. Dr. Suhas Mishra, a district surgeon, felt that Tetromine is less effective as compared
to brand drug Metrophill Codac as the condition of patients was deteriorating. After
conducting research and collecting reports, he discovered that Bestone had failed to
maintain therapeutic efficacy, safety and performance characteristics as its brand
counterpart. He approached Health Indenia Foundation (hereinafter referred to as
HIF), an NGO, which filed a PIL before the Supreme Court of Indenia alleging the
gross violation of Human Rights by the GoI.
14. The infringement petition was combined with the other two petitions by the Supreme
Court.
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ISSUES PRESENTED
ISSUE 1
WHETHER PATENT HAS BEEN INFRINGED.
ISSUE 2
WHETHER THERE IS VIOLATION OF FUNDAMENTAL RIGHTS OF ARJUN AND
OTHERS.
ISSUE 3
WHETHER THERE IS MASS VIOLATION OF HUMAN RIGHTS.
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SUMMARY OF ARGUMENTS
ISSUE 1
WHETHER PATENT HAS BEEN INFRINGED.
It is humbly submitted before the Hon’ble Court that there is absence of patent infringement
by virtue of absence of process patent held by the appellants. The same has been
substantiated with the support of doctrine of pith and marrow and product differentiation.
ISSUE 2
WHETHER THERE IS VIOLATION OF FUNDAMENTAL RIGHTS OF ARJUN
AND OTHERS.
It is humbly submitted before the Hon’ble Court that there is no violation of fundamental
rights of the petitioners. The respondents have acted with due care and caution while
administering bioequivalence studies, which the petitioners were a part of.
ISSUE 3
WHETHER THERE IS MASS VIOLATION OF HUMAN RIGHTS.
It is humbly submitted before the Hon’ble Court that there is no mass violation of human
rights. The respondent has adhered to the prescribed procedural norms and acted in
furtherance of welfare state objective and protection of human rights of the citizens.
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ARGUMENTS ADVANCED
ISSUE 1
Whether patent has been infringed
A patent is a monopoly right granted to a person who has invented a new and useful article or
an improvement of an existing article or a new process of making an article. Any person who
encroaches on the rights of a patentee commits an infringement of the rights of the patentee.
It is humbly submitted that the patent held by ProtoCare Pharma Private Limited
(hereinafter referred to as the “appellant”) has not been infringed by Mixo Chemicals and
Pharmaceuticals Limited (hereinafter referred to as “respondent”).
Indian Patents Act, 1970 (hereinafter referred to as the Act) has been amended in the year
2005 whereunder the concept of the product patent in relation to pharmaceuticals has been
introduced.
Patent can be granted for either products or process. Product patent confers the exclusive
right to manufacture the product on the inventor (patentee). Consequently, none apart from
the one who holds the patent in the product can manufacture the product irrespective of the
fact that the new manufacturer uses a process completely different from the patent holder 4
4 Intellectual Property Manual, (LexisNexis Legal to Business)
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Contrary to product patents, in the case of process patents the patentee gets a patent in the
process of manufacture of product and not the product itself.
It is alleged that the respondents have employed the same process used by the appellants in
manufacturing Beta-X, which has resulted in infringement of the patent held by the
appellants.
It is submitted that the alleged infringement is unfounded by virtue of the fact that the
appellant has obtained a product patent alone, and not a process patent. It follows that the
usage of the same process by the respondent does not pertain to the product patent held by the
appellant. In the absence of a patent process, the process may be adopted by any person5
Since the process adopted by the appellant is not patented, there can be no infringement of
the same.
It is submitted that the drugs manufactured by the two parties are designed to cure distinct
diseases. Beta-X is the only life-saving drug for a deadly disease termed Nenzimer, whereas
Metrophill Codac was invented to cure Bronchus Trivoza6. Contrast may be drawn and
depicted under two heads:
5 Factsheet ¶ 8.
6 Factsheet ¶ 4 and 7.
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8 Ibid.
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blockage of respiratory tract and finally results in death. Therefore, it is established that the
diseases are distinct, Bronchus Trivoza being relatively aggravated.
In addition to the distinct diseases, it is submitted that there exists variation in the product
specifications of Beta-X and Metrophill Codac11.
11 Factsheet ¶ 4 and 7
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14 Ibid
16 Ibid
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area that is applicable to the present drug17. The N–O moiety in a variety of heterocyclic N-
oxides can elicit nitric oxide-like effects, acting as a nitric oxide agonist. Nitric oxide diffuses
to underlying smooth muscle cells and causes them to relax18. This relaxation causes the walls
of blood vessels to dilate, or widen, which in turn increases blood flow through the vessels
and decreases blood pressure. Nitric oxide’s role in dilating blood vessels makes it an
important controller of blood pressure.
3. The article must take each and every one of the essential integers.
It is definite upon examination of the ingredients of both drugs that Metrophill Codac clearly
does not take each and every one of the essential integers of Beta-X. Alongside the
compositional distinction, it is submitted that the ligands in Beta-X and Metrophill Codac
operate through different pathways i.e., they exhibit distinct modes of functional mechanism.
It is discernible that the additional ingredients combined in Metrophill Codac viz., G2
adrenoceptor agonist and tolerable salt of N-oxide differentiate it from Beta-X. The
components read in conjunction with the symptoms reveals The existent disparity between
the drugs. Bronchus Trivoza, being relatively aggravated, demands supplementary ingredients
in view of proportionality of severity. The extra functional efficacy of Metrophill Codac is
absent in Beta-X, which encompasses the treatment of COPD alone.
18 Ibid
19 the mere discovery of a new form of a known substance which does not result in the enhancement of the
known efficacy of that substance or the mere discovery of any new property or new use for a known substance
or of the mere use of a known process, machine or apparatus unless such known process results in a new
product or employs at least one new reactant.
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must be a new form of a known substance having known efficacy and “known” here connotes
proven and well-established20. The word efficacy in pharmacology is understood and
accepted to mean “therapeutic efficacy”. Efficacy, as defined in the Dorland’s Medical
Dictionary is “the ability of a drug to produce the desired therapeutic effect.”, where
“therapeutic” is healing of the disease (having a good effect on the body).
In the case of a medicine that claims to cure a disease, the test of efficacy can only be
therapeutic efficacy. This therapeutic efficacy of a medicine must be judged strictly and
narrowly. Under section 3(d) r/w the Explanation of the Act, not all advantageous or
beneficial properties of a new form are relevant, but only such properties that directly relate
to its efficacy.
On the other hand, the utility criterion of patentability implies that the invention must be
capable of industrial application i.e., it must perform some function of positive benefit to
society. It is not always necessary to establish the commercial success of the product/
process.
Mere non-fulfilment of patentability criteria does not amount to infringement. When read
with the distinction of products highlighted above (1.2.), it reveals that the enhanced
therapeutic efficacy under Sec. 3(d) is being fulfilled, whilst infringement of patent becomes
a detached subject altogether. Further, it would be erroneous to affirm the findings of the
Patent Office to be conclusive. Inclusion of provisions to challenge the decisions of the
Patent Office rests on the sole basis of providing room for rectification of inaccurate
judgement. Conjecture may not be made in respect of finality of the same.
Therefore, it is established that patentability and infringement are independent issues.
Explanation. -For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle
size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be
considered to be the same substance, unless they differ significantly in properties with regard to efficacy,
Patents Act, 1970.
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ISSUE 2
Whether there is violation of fundamental rights of arjun and ors.
21 Factsheet ¶ 11.
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23 Government of India. National Health Policy. Ministry of Health and Family Welfare, Government of India,
New Delhi: 2002
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Bioequivalence does not require the full clinical trial process that the name-brand version
must undergo. Instead, generic drugs only have to be bioequivalent, which means the
company applying for approval must perform the following steps25:
1. Test the generic drug against the brand-name drug on two small groups of test
subjects.
2. Demonstrate through statistical analysis that any difference in the drug’s
bioavailability in participants taking the brand name version versus participants taking
the generic version is not clinically significant.
It is submitted that there is clear fidelity to the rigid procedure of bioequivalence there has
been no mismanagement or negligence by the respondent.
25 Bioequivalence and Bioavailability Studies in Human Volunteers by Vivek Paithankar, procedure under the
SUGAM Portal.
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Informed consent explains medical terminology in simple terms and in a language that the
participant understands. Any foreseeable risks, discomfort or inconvenience to the
participant resulting from participation in the study is priorly informed to the subjects
and adequate time is given to read the consent form and seek clarification of her/his doubts
from the researchers/research team before deciding to enroll in the research. It is in the
discretion of the participants to take part in studies. Further, a separate Independent Ethical
Committee27 (IEC) monitors the informed consent procedure28.
It is humbly submitted before the Hon’ble court that the respondent with all the due
diligence has taken proper care during the studies.
27 Section 4, Ibid.
28 Supra note 24, Eyal, N. (2012). Informed Consent Retrieved August 15, 2012; from The Stanford
Encyclopedia of Philosophy; Human D, Fluss SS. The World Medical Association’s Declaration of Helsinki:
Historical and contemporary perspectives,
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It is submitted that the wash out period of Tetromine is one week. It becomes necessary to
examine the possible time frame of the bioequivalence studies to be compared with the phase
of adverse effects. Facts may be narrated herein29,
1. 2nd March, 2018 - Reduction of price of Metrophill Codac through a notification by
NPPA.
2. DARPG received representations to further reduce the price of the drug.
3. The grievance was forwarded to BPPI, whereafter E-Tenders were invited to produce
the generic version of Metrophill Codac.
4. 28th November, 2019 - Bestone obtained approval for Tetromine after completion of
bioequivalence studies.
5. 4th December, 2019 - Petitioners complained of adverse effects of the drug.
The time gap between the notification and the approval of Tetromine by the DCGI becomes
significant. Bioequivalence studies necessitate a certain amount of time, which is inclusive of
procedural adherence, creation and submission of reports, examination of reports by the
supervising authorities, etc. before obtaining approval from the DCGI.
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Multicentric research studies are carried out with the primary aim of providing a sound basis
for the subsequent generalization of its results. Usually they work on the same protocol but at
different investigational sites. All sites are required to obtain approval from their respective
IECs, which would consider the local needs and requirements of the populations being
researched and safeguard the dignity, rights, safety and well-being30.
It is submitted that no evidence exists to substantiate the role of Bestone in the arisal of
adverse effects experienced by the subjects. The petitioners were participants in similar
bioequivalence studies conducted by various other Clinical Research Organisations and were
paid incentives after completion of the same31. As already established under 2.2.1.,
probability of Tetromine being the source can be ruled out due to the expiry of wash out
period when the petitioners complained of the detrimental effects. Rationale follows that their
participation in similar studies becomes the cause of such impairment.
31 Factsheet ¶ 14.
32 Rule 11(iv) where any serious adverse event occurs to a trial subject or to study subject during clinical trial
or bioavailability or bioequivalence study, the Ethics Committee shall analyse the relevant documents pertaining
to such event and forward its report to the Central Licencing Authority and comply with the provisions of
Chapter VI of DCR, 2019.
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drug-to-drug basis, which is informed to the subjects prior to taking their consent (known as
‘Informed Consent’34).
It is submitted that the petitioners failed to report any such effects to the authorities
within the prescribed time. Development in medical sciences has shed light on the issue of
progressive diseases. Aggravated conditions such as permanent impairment and death occur
over a span of time, which the petitioners failed to report.
ISSUE 3
WHETHER THERE IS MASS VIOLATION OF HUMAN RIGHTS.
It is humbly submitted before the Hon’ble Court that there is no mass violation of human
rights of the people of Indenia. The contention is reinforced broadly under three heads:
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drug, which was the only life-saving drug for Bronchus Trivoza. The NPPA reduced
the price of the drug from Rs.1890 to Rs.680, by issuing a notification dated 2nd
March 2018 under Drug Price Control Order, 2013. It is submitted that the new price
is less than half of the foregoing price.
2. Further reduction in price - DARPG received several representations to further reduce
the price of the drug. As a second response, the Ministry of Health considered the
matter seriously and directed the BPPI to take appropriate actions. BPPI invited E-
Tenders to supply medicine to patients at a cheaper price. Tetromine was
manufactured after compliance with the prescribed procedure and successful
completion of bioequivalence studies.
In both instances, the action of the respondent was fair, prudent, just and reasonable.
36 E Tendering procedure-
1) Tenders process is determined
2)Request for tender is prepared
3)Tenders are invited
4)suppliers respond
5)Evaluation and selection
6)notification and debriefing
7)contract established and managed.
37 Supra note 33
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It is humbly submitted before the Hon’ble Court that the petitioner has considered merely the
relative efficacy of Tetromine in comparison with Metrophill Codac, and has disregarded the
capacity of public to afford life-saving medicine. It is discernible that Tetromine has not
proven to be ineffective, and the statement may be bolstered by the fact that Tetromine passed
the bioequivalence studies conducted by Bestone under the administration of the respondent.
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recommended that every physician should prescribe drugs with generic names legible and he
or she shall ensure that there is a rational prescription which promotes the use of generic
drugs39.
It is submitted that the respondent has imported the legal framework under which
doctors are mandated to prescribe generic medicines to patients.
Further, NPPI has reduced the price of the branded drug Metrophill Codac in furtherance of
public interest. The course of events may be narrated herein:
1. The initial price of the drug was Rs. 1890 per capsule to be consumed for 45 days40,
which results in a total cost of Rs. 85,050.
2. 2nd March, 2018 - the price of the drug was reduced to Rs. 680 per capsule41, which
results in a total cost of Rs. 30,600.
3. Tetromine was manufactured in bulk, priced at Rs. 31942. Parallel can be drawn to the
course of administration prescribed for Metrophill Codac on the grounds of
Tetromine being bioequivalent to the same. Therefore, the total cost from usage of
Tetromine amounts to Rs. 14,355.
Juxtaposing the healthcare costs involved in both drugs, the difference reduces to 42.64%,
Tetromine being the cheaper drug. The total reduction from the original price of Metrophill
Codac to the price of Tetromine boils down to 83.12%.
40 Factsheet ¶ 7.
42 Factsheet ¶ 12.
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Although generic drugs are chemically identical to their branded counterparts, they are
typically sold at substantial discounts from the branded price ,Where indenia with its one-
third population living below the poverty line, contracting a disease comes with a huge cost is
strenuous,. At least 20-25 per cent of the patients deliberately look for branded medicines. So
they certainly will opt for the branded ones but for the remaining 75-80 per cent prescribing
generic medicine will be a boon43.
Government of Indenia , has undertaken many scheme to reduce disease burden and to make
medicines affordable to people . Government of Indenia introduced a scheme , Dina Raksha
arogya yojana (hereinafter referred as DRAY) with a motto, ‘Taking medicine to the mass,
DRAY Provides generic medicine with affordable cost to economically weaker section
through specialised outlets called sanjivini aushadalaya , Respondent has reduced health
care budget of every citizen of Indenia by providing quality medicine at affordable cost.
43 Janodia M. Differences in price of medicines available from pharmaceutical companies and “Jan Aushadhi”
stores.
44 Article 38 - “The state shall strive to promote the welfare of the people by securing and protecting as
effectively as it may, a social order in which justice-social”.
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The Preamble promises to secure the Indian people Justice - social, economic and political.
The Directive Principles are non-justiciable, nonetheless they are regarded as fundamental in
the governance of the country.
Adhering to the goals set by the constitution-makers, the respondent has, in pursuance of
the welfare state motive enshrined in preamble as ‘socialist’, provided for effective and
affordable healthcare to the public. This provision has been laid down under Article 4745 of
the Constitution, which must be read in conjunction with Article 2146 imbibing the right to
health as per the interpretations of the Hon’ble Court.
It is submitted that the respondent has functioned in the direction of enhancement of these
rights insofar as the capacity of the state is concerned. Albeit the fragility of revenue
generated by the country, the respondent has successfully secured to its citizens affordable
medicine and due health care facilities. In A.V. Janaki Amma And Ors. v. Union Of India and
Ors47, the Hon'ble Court ruled, "If every violation of every fundamental right is brought under the
purview of constitutional tort and compensation awarded in public law remedy of writ jurisdiction, the
State and the Government would become bankrupt and the Government itself would be destroyed."
It is submitted that the respondent has operated in amplification of protection of basic human
rights of the citizens. Fortitude has been drawn from UDHR and other international
convention48 providing for the right to health, which has been implemented by the respondent
while adhering to Article 51(c) of the Constitution49.
45The State shall regard the raising of the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring
about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drug which are
injurious to health.
46No person shall be deprived of his life or personal liberty except according to procedure established by law.
49 Article 51(1) Promotion of international peace and security The State shall endeavour to-
(c)foster respect for international law and treaty obligations in the dealings of organised peoples with one
another; and encourage settlement of international disputes by arbitration PART IVA FUNDAMENTAL
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Article 23 of UDHR50 provides for the right to life, liberty and the security of a person.
Further, Article 25 of the same document provides for the right to a standard of living
adequate for the health and well-being of himself and of his family, including food, clothing,
housing and medical care and necessary social services, and the right to security in the event
of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control. Article 6 of the International Covenant on Civil and
Political Rights provides, “Every human being has the inherent right to life. This right shall
be protected by law. No one shall be arbitrarily deprived of his life.”
DUTIES.
50Article 25(1)--
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his
family, including food, clothing, housing and medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control.
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PRAYER
WHEREFORE, in the light of issues raised, arguments advanced, and authorities cited, the
respondent prays before this Hon’ble Court that it be pleased to:
The respondent(s) pray before this Hon’ble Court that it be pleased to:
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35