Supreme Court Disposes Writ Petition Challenging Use of Quinacrine for Sterilization — Government Taking Steps to Ban Drug. Citing government's commitment to ban Quinacrine under the Drugs and Cosmetics Act, 1945.

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Case Note & Summary

The writ petition was filed by the A.I. Democratic Women Association and others against the Union of India, challenging the use of the drug Quinacrine as a method of female sterilization. The petitioners sought a writ of Mandamus to ban the drug's use and to initiate proceedings under the Drugs and Cosmetics Act, 1945 against those involved in its importation and sale. In response, the Central Government, through an affidavit by the joint Drugs Controller, indicated that it was taking steps to invoke Sections 10-A and 26-A of the Drugs and Cosmetics Act to prohibit the drug's use. The government had prepared draft notifications for approval to ban the import, manufacture, sale, and distribution of Quinacrine for contraceptive use. Given the government's proactive stance, the court found no need for further orders and disposed of the writ petition.

Headnote

A) Public Health - Drug Regulation - Ban on Quinacrine - Drugs and Cosmetics Act, 1945, Sections 10-A, 26-A - Petitioners challenged the use of Quinacrine for sterilization and sought a ban on its use. The court noted the government's commitment to take necessary steps to prohibit the drug's use, leading to the disposal of the writ petition without further orders. Held that the government's actions rendered the petition moot (Paras Not mentioned).

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Issue of Consideration

Whether the use of Quinacrine as a method of female sterilization should be banned.

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Final Decision

The court disposed of the writ petition as the government was taking steps to ban Quinacrine, thus no further orders were necessary.

Law Points

  • Writ jurisdiction
  • Drug regulation
  • Sterilization methods
  • Public health
  • Mandamus relief
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Case Details

1998 LawText (SC) (03) 62

1998-03-16

A.S. Anand, S. Rajendra Babu, A.P. Misra

Ms. Kamini Jaiswal

A.I. Democratic Women Association & Ors.

Union of India & Anr.

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Nature of Litigation

Challenge to the use of a drug for sterilization

Remedy Sought

Writ of Mandamus to ban Quinacrine

Filing Reason

Concerns over the safety and legality of Quinacrine as a sterilization method

Issues

Legality of Quinacrine for sterilization Government's regulatory actions

Submissions/Arguments

Petitioners argued for an immediate ban on Quinacrine Government indicated steps to ban the drug

Ratio Decidendi

The court recognized the government's commitment to regulate and potentially ban the use of Quinacrine, rendering the petition moot.

Judgment Excerpts

In view of the stand taken by the Central Government that it is taking steps to ban the import, manufacture, sale and distribution the drug 'Quinacrine' for use as a method of non-surgical sterilization on woman, not further orders are required to be made in this writ petition.

Procedural History

The writ petition was filed challenging the use of Quinacrine, followed by a counter affidavit from the government indicating steps to ban the drug.

Acts & Sections

  • Drugs and Cosmetics Act, 1945: 10-A, 26-A
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