NEW DELHI: The Delhi high court on Friday questioned the Centre on its decision to put a ceiling on the prices of condoms.
A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw wondered why is the government objecting if consumers willing to shell out money for luxury condoms. HC is hearing a plea by pharma firms Reckitt Benckiser and J K Ansell Ltd (JKAL) challenging the government's decision to put a cap on prices of condoms.
The Centre, through additional solicitor general Sanjay Jain has maintained that condoms are currently in the national list of essential medicines and there can be no gradation, of luxury and ordinary, where drugs are concerned.
The pharma firms contend that their products are 'devices' not 'medicines' and thus would not fall under the Drug Price Control Order (DPCO). Therefore, no cap can be put on the prices, they said.
The firms have claimed their products are luxury products "meant for pleasure" and have also sought clarification on whether the current ceiling would apply to only utility condoms and whether NPPA proposes to fix a separate cap on "pleasure condoms".
In July the Centre had informed HC that it has increased the cap on prices of all brands of condoms in the country by 22%. In its petition, Reckitt Benckiser has argued that the low ceiling price will force bigger companies to stop production, which in turn will have a negative effect on population control measures. The central government, however, is of the view that since condoms help to prevent diseases, they came under the classification of 'medicines' and, hence, their prices can be controlled.
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A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw wondered why is the government objecting if consumers willing to shell out money for luxury condoms. HC is hearing a plea by pharma firms Reckitt Benckiser and J K Ansell Ltd (JKAL) challenging the government's decision to put a cap on prices of condoms.
The Centre, through additional solicitor general Sanjay Jain has maintained that condoms are currently in the national list of essential medicines and there can be no gradation, of luxury and ordinary, where drugs are concerned.
The pharma firms contend that their products are 'devices' not 'medicines' and thus would not fall under the Drug Price Control Order (DPCO). Therefore, no cap can be put on the prices, they said.
The firms have claimed their products are luxury products "meant for pleasure" and have also sought clarification on whether the current ceiling would apply to only utility condoms and whether NPPA proposes to fix a separate cap on "pleasure condoms".
In July the Centre had informed HC that it has increased the cap on prices of all brands of condoms in the country by 22%. In its petition, Reckitt Benckiser has argued that the low ceiling price will force bigger companies to stop production, which in turn will have a negative effect on population control measures. The central government, however, is of the view that since condoms help to prevent diseases, they came under the classification of 'medicines' and, hence, their prices can be controlled.
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