The High Court has declared invalid a 1994 circular that limited the government’s authority to regulate the prices of life-saving drugs.
The court has also directed the government to fix the prices of all life-saving medicines in the interest of public health.
The bench of Justice Md Rezaul Hasan and Justice Biswajit Debnath delivered the verdict on Monday. The judgment, which had been announced earlier on August 25, was released in full on Monday.
Senior Advocate Manzil Morshed told the court that medicines, being essential for saving lives, must be brought under strict price control as price hikes directly affect citizens’ constitutional right to life.
He argued that limiting the government’s power over drug pricing contradicts fundamental rights.
Human Rights and Peace for Bangladesh (HRPB) had filed a public interest writ petition in 2018 challenging the 1994 circular.
After extensive hearings, the High Court bench issued the final order.
In its judgment, the court observed that under the Drugs (Control) Ordinance, 1982 — now replaced by the Drugs and Cosmetics Act, 2023 — the government has the jurisdiction to determine the reasonable prices of medicines.
It said the 1994 circular, which handed pricing authority for all but 117 drugs to manufacturers, violated the law.
Senior Advocate Manzil Morshed reiterated that uncontrolled drug prices pose a threat to the right to life, making the circular unconstitutional.