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Judicial Scrutiny of Pharmaceutical Pricing: Addressing Ethical Disparities in Healthcare Access

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The Supreme Court has raised concerns over the wide gap between the Price to Retailer (PTR) and Maximum Retail Price (MRP) of essential medicines, emphasizing the need for greater corporate accountability in healthcare.

The Supreme Court’s recent intervention regarding the significant price disparities between the Price to Retailer (PTR) and the Maximum Retail Price (MRP) of essential drugs, particularly life-saving cancer medications, marks a critical juncture in the discourse on healthcare affordability in India. The judiciary has highlighted that while market dynamics influence pricing, the current gap often places an undue financial burden on patients, effectively undermining the right to health. This issue brings to the fore the tension between corporate profit-seeking and the ethical imperative of ensuring accessible healthcare. In the Indian context, where out-of-pocket expenditure remains a primary driver of poverty, the pricing strategies of pharmaceutical companies are not merely commercial decisions but have profound socio-economic consequences. The court’s critique suggests that existing regulatory frameworks may be insufficient in curbing predatory pricing practices that inflate costs before a drug reaches the end consumer.

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