57 Hearings And No Verdict: The Story Of A Cancer Patient In Kerala Who Died Waiting For Affordable Medicine

In a poignant reminder of the old adage “justice delayed is justice denied,” a woman who moved the Kerala High Court seeking affordable access to life-saving breast cancer medicines passed away before the court could pronounce its verdict. Her writ petition, originally filed in 2022, has been listed for a final hearing 57 times since January 2023 without the matter being resolved. Following her demise, the High Court decided to continue the case suo motu given the larger public interest involved.

Exorbitant Drug Prices Triggered Legal Battle

At the center of the legal battle are two critical breast cancer drugs: Ribociclib and Abemaciclib. These patented, targeted therapies are essential for treating invasive subtypes of breast cancer at an early stage. However, they remain expensive for average citizens.Ribociclib costs over Rs 78,400 per month, while Abemaciclib ranges between Rs 47,700 and Rs 95,500 per month. Combined, the treatment can cost patients nearly Rs 1.5 lakh monthly. In her petition, the woman urged the government to issue a “government use license” under Section 100 of the Patents Act, which would allow local manufacturers to produce generic versions at a 90% to 95% lower cost. The central government, however, declined the request, stating that breast cancer does not constitute a “national urgency.”

Working Group Appeals to Chief Justice of India

Taking note of the tragedy, Jyotsna Singh and K.M. Gopakumar, co-conveners of the Working Group on Access to Medicines and Treatment, have written a formal representation to the Chief Justice of India (CJI) and the President of India. They have requested urgent intervention to expedite the final hearing. “The untimely demise of the petitioner in this matter highlights the devastating human cost of judicial delays in cases involving access to life-saving drugs. The one who started this fight is no more,” the letter reads, emphasizing how costly a delay can be when lives hang in the balance.

57 Hearings and Continued Delays

The case has seen an agonizingly slow progression. The court has held 57 listings for a final hearing, demanding extensive responses from the central government, patent controllers, and multinational pharmaceutical giants like Novartis and Eli Lilly. Although all arguments and pleadings were completed by late 2025, the case repeatedly appeared on the “ready-for-disposal” list, only to be repeatedly postponed or adjourned. The last hearing took place on July 2, 2026, and the 58th hearing is currently scheduled for July 15, 2026.

Rising Burden of Breast Cancer in India

Breast cancer remains the most common cancer among women in India and a leading cause of cancer-related mortality. According to the Global Cancer Observatory (GLOBOCAN) report, India recorded more than 1.9 lakh new cases and over 98,000 deaths in 2022. Furthermore, official data tabled by the Ministry of Health and Family Welfare in Parliament in early February 2026 projects that the annual number of breast cancer cases will escalate to 2.4 lakh, highlighting the urgent public need for affordable, life-saving healthcare infrastructure.

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