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Supreme Court of India 2019-08-22 remanded

UNION OF INDIA vs BGP PRODUCTS OPERATIONS GMBH AND HAGENE IMMERMATT WEG

Bench: 2 — Indu Malhotra, Abhay Manohar Sapre

In Brief

This case challenges a government notification restricting domestic manufacture of the drug Oxytocin to public sector companies only, excluding private manufacturers. Oxytocin is an essential life-saving medicine used to prevent post-partum haemorrhage in childbirth. While acknowledging the legitimate concern about Oxytocin's clandestine misuse on milch animals, the Court found the case raised substantial constitutional questions requiring authoritative pronouncement. These questions concern whether essential medicines can be restricted under the challenged statute, whether the restriction creates an unconstitutional monopoly, and whether the restriction serves its stated purpose. The Court referred the case to a larger Bench without deciding the merits.

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Pharmaceutical Law Drug Regulation Administrative Law Constitutional Law Essential Commodities State Monopoly Public Interest

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