Lok Sabha Question No. 1623 (UNSTARRED), answered on 2018-03-06
Subject: New Pharmaceutical Policy
Ministry: CHEMICALS AND FERTILIZERS
Asked by: Kunhalikutty, P.K.

## GOVERNMENT OF INDIA MINISTRY OF CHEMICALS AND FERTILIZERS DEPARTMENT OF PHARMACEUTICALS

## LOK SABHA

## UNSTARRED QUESTION No. 1623

## TO BE ANSWERED ON THE 6 th  March, 2018

## New Pharmaceutical Policy

## 1623. SHRI P.K. KUNHALIKUTTY:

Will the Minister of CHEMICALS AND FERTILIZERS be pleased to state:

- (a) whether the Government has any proposal to bring a new pharmaceutical policy;
- (b) if so, the details and the method to fix the price of essential medicines;
- (c) the likely impact on the prices of essential medicines due to the new drug policy;
- (d) the steps being taken by the Government to ensure that doctors in private clinic are prescribing medicines from the National List of Essential medicines;
- (e)  whether  the  Government  has  taken  steps  to  implement  the  Supreme  Court directive to stick to cost-based pricing formula; and
- (f) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS;  MINISTRY  OF  SHIPPING  AND  MINISTRY  OF  CHEMICALS  AND FERTILIZERS (SHRI MANSUKH L. MANDAVIYA)

- (a): Yes Madam.
- (b): No final decision has been taken as yet.
- (c): In view of reply (b) above, does not arise.
- (d): The doctors including those operating from private clinics prescribe medicines depending on treatment requirements.
- (e) & (f): The Government announced the 'Pharmaceutical Policy 2002' in February  2002.    However,  a  public  interest  litigation  filed  in  the  High  Court  of Karnataka at Bangalore in WP No. 2168 of 2002 resulted in an Order dated 12-112002 which stopped the Government from implementing the price control regime of the  Pharmaceutical  Policy  2002.    This  Department  filed  a  Special  Leave  Petition (SLP) before the Supreme Court of India against the Order of the Karnataka High Court.  The Supreme Court vide its order dated 10.3.2003 directed the Government, inter-alia, that,  'we  suspend  the  operation of the order to the extent it
- …2/-

directs  that  the  Policy  dated  15.2.2002  shall  not  be  implemented.    However  we direct  that  the  petitioner  shall  consider  and  formulate  appropriate  criteria  for ensuring  essential  and  life  saving  drugs  not  to  fall  out  of  the  price  control  and further directed to review drugs, which are essential and life saving in nature till 2 nd May, 2003'.

The Department of Pharmaceuticals had prepared a draft National Pharmaceutical Pricing Policy, 2011 (NPPP-2011) based on the criteria of essentiality as per the medicines as under National List of Essential Medicines-2011 (348 drugs with  specified  dosage  and  strengths),  as  stipulated  by  the  Ministry  of  Health  & Family Welfare which was placed before the Group of Ministers (GoM). Based on the recommendations of the GoM, National Pharmaceuticals Pricing Policy-2012(NPPP2012)  was  formulated  and  placed  before  the  Cabinet.    The  Cabinet  considered NPPP-2012 in its meeting held on 22.11.2012 and after approval, NPPP-2012 was notified on 07.12.2012.

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