Activists seeking faster resolution in a case about access to the breast cancer drug Ribociclib have written to Kerala High Court Chief Justice Soumen Sen. They want an end to delays so patients can receive timely treatment. The petition, filed in June 2022, has appeared on the docket 57 times since January 2023 without a final hearing, according to the Working Group on Access to Medicines and Treatment. Copies of the letter were also sent to President Droupadi Murmu and Chief Justice of India Surya Kant. The Working Group is a network of patient advocates, civil society groups, legal experts, and health professionals focused on affordable care for vulnerable populations. Although the original petitioner died early in the proceedings, the court kept the case alive on its own motion due to broader public interest. Breast cancer remains the most frequent cancer among women and the top cause of cancer deaths. India recorded more than 190,000 new cases and nearly 98,337 deaths in 2022, per GLOBOCAN data. Patients with the Luminal A subtype need targeted therapies such as Ribociclib and Abemaciclib. These drugs are still under patent and cost between 47,752 and 95,504 rupees per month. A 2026 budget measure removed basic customs duty on Ribociclib, yet yearly expenses often exceed 850,000 rupees. The original petition asked for a government-use license under Section 100 of the Patents Act to allow local generic production at much lower prices. The government recognized the drug’s value but declined the license, saying breast cancer did not qualify as a national emergency. All filings are complete, yet key constitutional questions about the state’s duty under Article 21 remain unanswered. The matter is now listed for July 15, 2026. Delays in such cases, the group noted, deny patients their right to health and conflict with India’s commitments under the Doha Declaration on TRIPS and public health.
