Govt will set prices for 739 life-saving medicines: HC

The High Court has ruled that a 1994 circular giving drug manufacturers partial authority to set medicine prices is illegal and has ordered the 1993 government gazette to be restored.

A High Court bench, consisting of Justice Md Rezaul Hasan and Justice Bishwajit Debnath, issued its verdict on Monday (August 25) after the final hearing of a writ petition challenging the 1994 circular.

The court announced that the government will now determine the prices of 739 life-saving medicines. The Health Secretary, DG Health, DG Drugs, and the President and General Secretary of the Medicine Owners’ Association have been directed to enforce the order.

Senior Advocate Manzil Morshed appeared for the petitioners, while Senior Lawyer SK Morshed represented the Medicine Owners’ Association. Deputy Attorney General Syed Ejaz Karib represented the government.

Later, Manzil Morshed said, “Following this verdict, the authority to set prices for most medicines in the country will now rest with the relevant government authorities rather than the manufacturers. Under Section 11 of the Drug Control Ordinance 1982, the government has the power to regulate medicine prices. Using this authority, on 18 September 1993, the Ministry of Health set prices for 739 medicines and published them in the gazette. However, a circular issued on 26 February 1994 curtailed this power, allowing the government to set prices for only 177 medicines while giving manufacturers the authority to fix prices for the remaining medicines. Human rights organization Human Rights and Peace for Bangladesh (HRPB) challenged this circular through a public interest writ in 2018, and the High Court issued a rule asking why the circular should not be declared illegal.”

On 31 July 2018, the then High Court bench of Justice Syed Md. Dastgir Hossain and Justice Md. Iqbal Kabir issued a rule questioning why the 1994 circular should not be declared illegal.