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As per the Resolution dt.17th April, 2007, it has been decided to make exception of Combination Drugs and Life Saving Drugs and they need not be prescribed by generic names. It was submitted by Mr.Marudhar Mridul, Sr.Advocate, assisted by Mr.P.S.Chundawat that Combination Drugs can also be prescribed by generic name as well as there was no necessity to make an exception with respect to Life Saving Drugs and they can be Page (7) of (15) D.B. Civil Writ Petition (P.I.L.) No.4456/2011 prescribed by generic names.

List in July 2011. A copy of this order be furnished to Mr.Saluja representing the M.C.I."

The Medical Council of India was asked by this Court to give an opinion with respect to the question whether exception from prescribing generic names of medicines can be given to Combination Drugs and Life Saving Drugs. Thereafter, the Medical Council of India has filed the additional affidavit of Mr.Shikhar Ranjan, Law Officer, Medical Council of India as to whether branded name of drugs can be prescribed in respect of combination and life saving drugs or not. The Ethics Committee of the Medical Council of India at its meeting held on 10.5.2011 considered the matter and following decision has been taken :-

Even in the case of combination and life saving drugs, the Medical Council of India has taken a decision that as far as possible, the medicines should be prescribed in generic names and not in the brand names, which decision has been followed by the State Government and accordingly, appropriate orders have been issued. All medical Page (12) of (15) D.B. Civil Writ Petition (P.I.L.) No.4456/2011 practitioners are bound to comply with the directives issued by the Medical Council of India and the State Government in this regard. General rule is of prescription of medicines by generic names and combination of drugs and life saving drugs are not in excepted categories, thus decision dated 17.4.2007 referred in order dated 29.3.2011 stands superseded by the subsequent decision of the Medical Council of India which has been rightly followed by State Government being binding on it. It would not be appropriate for the doctors to avoid the prescription of medicines in generic names by prescribing combination of drugs or in the guise of life saving drugs.

It is rightly contended in the reply that medicines are prescribed in branded name as there is a commercial element and these branded medicines are sometimes prescribed in order to benefit the pharmaceutical companies and there is unholy link between doctor and pharmaceutical company and ultimate sufferer is poor ailing person who has to purchase the medicines at much higher rates than he can afford. Otherwise also, there is right with every person to obtain irrespective of financial status the Page (13) of (15) D.B. Civil Writ Petition (P.I.L.) No.4456/2011 prescription of medicines in generic names as mandated in the statutory Regulations framed by Medical Council of India. It is common ground that branded medicines are offered at exorbitant prices. There is duty cast to ensure that the medicines are available at affordable prices in furtherance of which, the Government issues price control order. However, the fact remains that generic medicines are available at much lower rate as compared to branded medicines. No person and particularly, the have nots cannot be made to suffer as they cannot afford the luxury of purchasing the branded medicines at much more cost than generic medicines. The right to obtain treatment is tacit of Article 21 of the Constitution of India and right to obtain treatment at affordable prices of medicines is one of the concomitant of the same. Not prescribing the medicines in generic names may in given facts tantamount to violation of Article 21 of the Constitution of India. The combination of drugs and life saving drugs which are available in generic names, have to be prescribed in generic names otherwise the action would amount to violation to right to life itself. The Ethics Committee of the Medical Council of India has rightly taken the decision that as far as possible, generic name of drugs should be used and there should not be any exception for combination drugs or life saving drugs. The generic name should be prescribed as it is beneficial to the society. It has also been noted by the Ethics Committee that the generic drugs are much cheaper than the branded drugs. Let medical profession follow the ethics and not resort to various unscrupulous methods of violation.