Condom is not a Medicine to control its price !!!!
Advertisement
"Condom is not the Medicine and hence fixation of the ceiling price for condoms is impermissible in Law !!!" - Hon'ble Madras High Court, adopted the decision of Hon'ble Delhi High Court !!
One never knows as to what kind of problems may come up before Courts ?
The Delhi High Court was dealing with the core question of law as to Whether fixation of ceiling price under the provisions of the Drugs (Prices Control) Order (DPCO), 2013 for male contraceptives (condoms) is in conformity with the powers vested under the Essential Commodities Act, 1955 read with the Drugs and Cosmetics Act, 1940 in the case of RECKITT BENCKISER (INDIA) LTD. V/s. UNION OF INDIA AND ANR
The Petitioner contended that the prices of condoms were not controlled previously, however by order dated However, by order dated 05.11.2013, the National Pharmaceutical Pricing Authority, Department of
Pharmaceuticals, Ministry of Chemicals and Fertilizers, Government of India, fixed the ceiling price of the condoms at Rs.6.56/- per unit (one condom). It was argued on behalf of the Government that since condoms help to curb diseases, they would fall under the definition of ‘medicines’. and it further contended that if luxury condoms were removed from the DPCO, then the manufacturers would flood the market only with their expensive varieties of condoms and purposely make their lesser priced contraceptives scarce.
One never knows as to what kind of problems may come up before Courts ?
The Delhi High Court was dealing with the core question of law as to Whether fixation of ceiling price under the provisions of the Drugs (Prices Control) Order (DPCO), 2013 for male contraceptives (condoms) is in conformity with the powers vested under the Essential Commodities Act, 1955 read with the Drugs and Cosmetics Act, 1940 in the case of RECKITT BENCKISER (INDIA) LTD. V/s. UNION OF INDIA AND ANR
The Petitioner contended that the prices of condoms were not controlled previously, however by order dated However, by order dated 05.11.2013, the National Pharmaceutical Pricing Authority, Department of
Pharmaceuticals, Ministry of Chemicals and Fertilizers, Government of India, fixed the ceiling price of the condoms at Rs.6.56/- per unit (one condom). It was argued on behalf of the Government that since condoms help to curb diseases, they would fall under the definition of ‘medicines’. and it further contended that if luxury condoms were removed from the DPCO, then the manufacturers would flood the market only with their expensive varieties of condoms and purposely make their lesser priced contraceptives scarce.
Our comments section is governed by our Comments Policy . By posting comments at Medical Dialogues you automatically agree with our Comments Policy , Terms And Conditions and Privacy Policy .
Disclaimer: This website is primarily for healthcare professionals. The content here does not replace medical advice and should not be used as medical, diagnostic, endorsement, treatment, or prescription advice. Medical science evolves rapidly, and we strive to keep our information current. If you find any discrepancies, please contact us at corrections@medicaldialogues.in. Read our Correction Policy here. Nothing here should be used as a substitute for medical advice, diagnosis, or treatment. We do not endorse any healthcare advice that contradicts a physician's guidance. Use of this site is subject to our Terms of Use, Privacy Policy, and Advertisement Policy. For more details, read our Full Disclaimer here.
NOTE: Join us in combating medical misinformation. If you encounter a questionable health, medical, or medical education claim, email us at factcheck@medicaldialogues.in for evaluation.