Madras High Court asks Tamil Nadu to probe if pharmaceutical companies are behind viral infection outbreaks

Justice SM Subramaniam also asked the government to list out the reasons for viral infections breaking out one after the other.

Published Oct 14, 2022 | 9:25 PMUpdated Oct 14, 2022 | 9:27 PM

Madras High Court

The Madras High Court on Friday, 14 October, directed the Tamil Nadu government to list out the reasons for viral infections breaking out one after the other.

The court also asked the state government to find out whether pharmaceutical companies were behind these outbreaks.

Justice SM Subramaniam asked the government to submit its report on this by 27 October.

“The secretary of the Department of Health and Family Welfare is directed 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 a necessary enquiry and to ascertain the activities of these pharmaceutical companies and other medicine traders,” ordered Justice Subramaniam.

The court observed that of recent, disease outbreaks were happening frequently despite the fact that the state government had announced various sanitation programmes.

From Covid-19 to monkeypox and thereafter, influenza and many more are spreading across Tamil Nadu.

“These viral diseases are spreading continuously, and the reason for such spreading over is not found out by medical researchers and competent authorities of the state,” observed the court.

Pharma companies spreading viral diseases?

The court even said that people were asking whether any miscreants were committing some illegalities in the matter of spreading such diseases for their personal gain in an organised manner.

“There are many allegations against the pharmaceutical companies, and even recently, the 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,” said the court.

The court said that whether these pharmaceutical companies were indulging in any other illegal activities to spread such viral diseases should also be looked into.

“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 citizens,” observed the court.

The case in question

Justice SM Subramaniam was hearing a writ petition related to Coimbatore Medical College Hospital’s Medical Store Officer S Muthumalai Rani.

The allegation was that she procured medicines in excess — even beyond the permissible limit — which expired and resulted in financial losses to the state exchequer. She was suspended from the post as a result.

She filed the writ petition in High Court to get retirement benefits such as gratuity, special provident fund, and earned-leave salary from the government.

Looking beyond this issue, Justice Subramaniam said that there were wider allegations in the public domain, like expired medicines being supplied to poor patients being treated in government hospitals.

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