Are pharma firms indulging in illegal activities to spread viral diseases? TN HC orders probe

Suspecting the role of pharmaceutical companies in the outbreak of various viral illness, Justice SM Subramaniam has sought a report from the Health Secretary by October 27 on the causes of the frequent "spread" of viral infections such as Covid-19, monkey pox and others one after the other without any gap in the State.

The observation was made on a plea moved by a medical store officer of a government hospital who was accused of buying excess medicine than was allowed, leading to its expiration and resulting in significant financial loss to the State Exchequer.

The petitioner, S Muthumalai Rani, had challenged an order passed by the Dean of the Coimbatore Government Medical College Hospital on September 12, 2016 and sought a consequential direction to release her gratuity, special provident fund and earned leave salary with a 24% rate of interest.

Taking serious note of the allegations faced by the petitioner, the court said;

"There are wider allegations in the public domain that expired medicines are supplied to the poor patients, who all are taking treatment in the Government Hospitals in Urban and Rural areas. The medicines became ineffective as it expired."

It further said;

"That apart, in recent days, frequently diseases are out breaking, despite the fact that the Government announced various sanitation programs. After COVID-19, Monkey Pox and thereafter, Influenza and many more are spreading across the State of Tamil Nadu. These viral diseases are spreading continuously and the reason for such spreading over are not found out by the Medical Researchers, and competent authorities of the State."

In addition, Justice Subramaniam stated that there is general doubt over whether any criminals are deliberately disseminating such diseases for financial benefit. He said;

"There is a doubt in the public domain that, whether any miscreants are committing some illegalities in the matter of spreading such diseases in the society for their personal gain in an organised manner. There are many allegations against the pharmaceutical companies and even recently, the Honourable Supreme Court of India recorded the fact that the pharmaceutical companies have made money in thousands of crore by promoting their brand in an unethical manner."

He added;

"Whether these pharmaceutical companies are indulging in any other illegal activities for spreading these kinds of viral diseases or not, are also to be enquired into and an investigation is imminent. Whether the State is monitoring the activities of the pharmaceutical companies, supply of medicines to the Government Hospitals and private traders, all to be considered by this Court in order to ensure, health being an integral part of Article 21 of the Constitution of India and it becomes the Fundamental Rights of citizen."

Subsequently, the court ordered;

"The Secretary to the Department of Health and Family Welfare to furnish the reasons and details regarding the spreading over of viral diseases, one after another, without any gap in the State of Tamil Nadu and by conducting necessary enquiry and to ascertain the activities of these pharmaceutical companies and other medicine traders."

It further ordered the Health Secretary, Dean of Coimbatore Medical College Hospital and Director of Medical Education to submit their reports in the case for additional consideration.