{"id":4784,"date":"2015-10-26T21:08:38","date_gmt":"2015-10-26T15:38:38","guid":{"rendered":"https:\/\/medicosplexus.com\/?p=4784"},"modified":"2015-10-26T21:08:38","modified_gmt":"2015-10-26T15:38:38","slug":"condom-is-not-the-medicine-and-hence-fixation-of-the-ceiling-price-for-condoms-is-impermissible-in-law","status":"publish","type":"post","link":"https:\/\/medicosplexus.com\/condom-is-not-the-medicine-and-hence-fixation-of-the-ceiling-price-for-condoms-is-impermissible-in-law\/","title":{"rendered":"Condom is not the Medicine and hence fixation of the ceiling price for condoms is impermissible in Law !!!"},"content":{"rendered":"
Condom is not the Medicine<\/p>\n
“Condom is not the Medicine and hence fixation of the ceiling price for condoms is impermissible in Law !!!” – Hon’ble Madras High Court, adopted the decision of Hon’ble Delhi High Court !!<\/p>\n
Now a days one cannot predict as to what kind of problems the Judiciary may be confronted with !!<\/p>\n
The Delhi High Court was dealing with the core question of law as to Whether fixation of ceiling price under the provisions of the Drugs\u00a0(Prices Control) Order (DPCO), 2013 for male contraceptives (condoms) is in conformity with the powers vested under the Essential Commodities Act, 1955 read with the Drugs and Cosmetics Act, 1940 in the case of RECKITT BENCKISER (INDIA) LTD. V\/s. UNION OF INDIA AND ANR<\/p>\n
<\/a><\/p>\n Condom is not the Medicine
\nThe Petitioner contended that the prices of condoms were not controlled previously, however by order dated However, by order dated 05.11.2013, the National Pharmaceutical Pricing Authority, Department of
\nPharmaceuticals, Ministry of Chemicals and Fertilizers, Government of\u00a0India, fixed the ceiling price of the condoms at Rs.6.56\/- per unit (one condom). It was argued on behalf of the Government that since condoms help to curb diseases, they would fall under the definition of \u2018medicines\u2019. and it further contended that if luxury condoms were removed from the DPCO, then the manufacturers would flood the market only with their expensive varieties of condoms and purposely make their lesser priced contraceptives scarce.<\/p>\n