An Analysis of the Direct Price Control Policies of Medicines and Its Impact on Accessibility A Closer Look Into Anti Cancer Drugs

Abstract

Access to medicines is an essential component of the right to health, yet the affordability of these medicines, particularly the life-saving drugs for cancer, remains a global problem. In India, due to problems like low insurance, minimal public pharmaceutical research involvement and various other factors, the health inequity persists. In response to addressing the problem, the Indian government has been relying on the NPPA-administered DPCO (Drug Price Control Order) for a long time and, to a very limited extent, on TMR (Trade Margin Rationalisation). This research critically examines the impact of these direct price control mechanisms for reducing the inequity gap particularly in anti-cancer drugs. newline The study begins by exploring the regulatory landscape of price control in India. It examines the history as well as the involvement and working of various ministries and institutions in the drug price regulation. It highlights the judicial take on price control and how it helped in reducing healthy equity. The study then presents a data analysis of affordability of cancer drugs in India. This is presented as an evidence for the further comparative and legal analysis. The comparative study from various jurisdictions illustrate the diverse price regulatory mechanism. It underlines the lessons that India can customise and adopt into policy framework. The analysis part discusses the challenges and hurdles in implementation of intellectual property flexibilities as well as critical examination of current pricing policy in a legal perspective. newline