57 listings, no final hearing: Letter seeks speedy disposal of breast cancer drug case

4 min readNew DelhiUpdated: Jul 11, 2026 12:32 PM IST

India reported over 1.9 lakh new cases and nearly 98,337 deaths from breast cancer in 2022. (File photo)

A group working on access to medicines has written to the Chief Justice of the Kerala High Court with copies marked to the President and the Chief Justice of India seeking urgent administrative intervention to expedite the final hearing of a case concerning access to the life-saving breast cancer medicine Ribociclib.

The letter states that the matter has been listed 57 times before the high court without being finally heard, despite pleadings having concluded.

In a representation dated July 10, the Working Group on Access to Medicines and Treatment said the writ petition, originally filed in June 2022, concerns the availability of Ribociclib for patients suffering from HR+/HER2- breast cancer. The group said the original petitioner died during the initial stages of the litigation, after which the High Court continued the proceedings suo motu in view of the wider public interest involved.

The letter has been written by Jyotsna Singh and K M Gopakumar, co-convenors of the Working Group on Access to Medicines and Treatment.

‘Devastating cost of delays’

The letter highlights that breast cancer is the most common cancer among women and the leading cause of cancer-related deaths. As per the GLOBOCAN report, in 2022, India reported over 1.9 lakh new cases and nearly 98,337 deaths from breast cancer.

“Official data tabled in Parliament by the Ministry of Health and Family Welfare in early February 2026 made an estimated projection of 2.4 lakhs. Among these, patients with Luminal A (HR+/HER2-) breast cancer, an invasive subtype that can spread to other parts of the body, require targeted medicines, such as Ribociclib and Abemaciclib to save their lives,” the representation reads.

According to the letter, Ribociclib is priced at around Rs 78,468 per month and remains under patent protection, which makes it unaffordable for many patients. The original petition had sought a government use licence under Section 100 of the Patents Act to enable local manufacture of a generic version of the drug at substantially lower prices. The Centre, however, declined to issue such a licence, stating that breast cancer did not constitute a matter of national urgency, it said.

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The letter further recounts that on September 16, 2022, the High Court took suo motu cognisance of the issue of exorbitant pricing of life-saving patented medicines and appointed an amicus curiae. The representation notes that although the matter was once specially listed for hearing on January 21, 2023, the hearing did not take place because of a change in roster and jurisdiction.

It says that after repeatedly being listed “for disposal” during 2025, the case was last listed on July 2, 2026, and is now scheduled to be heard on July 15, 2026.

The letter states that judicial delays in cases involving access to essential medicines have severe human consequences. “The untimely demise of the petitioner in this matter highlights the devastating human cost of judicial delays in cases involving access to lifesaving drugs,” the letter reads.

It has been further stated that a swift resolution to this matter would not just honour the memory of the late petitioner but also give hope to others who are suffering from the disease.

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“We, as citizens, deeply respect the judiciary’s pivotal role in safeguarding the health and dignity of individuals, particularly in cases where access to essential medicines is hindered by the market forces or lack of political will,” it states.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience.

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