Case Note & Summary
The writ petition was filed by the Petitioners under Article 32 of the Constitution of India, seeking enforcement of the fundamental right to health, which is integral to the right to life under Article 21. The petitioners, representing a trade union and an organization focused on health issues, raised concerns about unethical marketing practices in the pharmaceutical industry, which they argued led to over-prescription and increased healthcare costs, adversely affecting public health. They contended that while medical professionals are bound by ethical restrictions, there is a lack of enforceable regulations for pharmaceutical companies. The petitioners sought either statutory backing for the Uniform Code for Pharmaceutical Marketing Practices, 2015 (UCPMP, 2015) or judicial guidelines to regulate unethical practices until suitable legislation is enacted. The Court issued notice on 11th March 2022 and allowed time for responses from the Union of India and other parties. Subsequent hearings revealed ongoing deliberations among government departments regarding the regulatory framework. On 8th September 2026, the Court noted the filing of an affidavit detailing proposed measures to strengthen regulation and the constitution of a Committee to examine the issues. The Court emphasized the need for a comprehensive consultative process and directed the Union of India to establish the Committee, which would consider suggestions from stakeholders and make recommendations for an effective regulatory framework. The Court mandated that the Committee complete its work within two months and that the Union of India file a compliance affidavit detailing the steps taken. The matter was scheduled for further consideration on 29th January 2027.
Headnote
A) Constitutional Law - Right to Health - Enforcement of Fundamental Right - Constitution of India, 1950, Article 21 - The petitioners sought enforcement of the right to health as part of the right to life, highlighting the need for a regulatory framework to curb unethical pharmaceutical marketing practices. The Court recognized the significance of the right to health and directed the constitution of a Committee to examine and recommend measures for effective regulation (Paras 1-24).
Issue of Consideration
Whether the existing regulatory framework governing pharmaceutical marketing practices is adequate to protect public health and enforce ethical standards.
Final Decision
The Court directed the Union of India to constitute a Committee to examine and recommend measures for regulating pharmaceutical marketing practices, ensuring transparency and accountability, and to file a compliance affidavit detailing the steps taken.
Law Points
- fundamental right to health
- Article 21
- regulatory framework
- pharmaceutical marketing practices
- ethical practices
- transparency
- accountability
