Karnataka HC stays state govt's order to shut Jan Aushadhi Kendras in govt hospitals

The Karnataka High Court on Tuesday stayed the state government’s order directing the closure of Jan Aushadhi Kendras operating within government hospital premises. 

 

Justice M.I. Arun passed the interim order in a batch of 18 petitions filed by the owners of the Kendras, stating the concession granted to the petitioners to run the Kendras shall not be terminated till the next date of hearing.

 

The Karnataka government on May 17 ordered the closure of the Jan Aushadhi Kendras (a scheme implemented by the Centre to provide generic medicines at affordable prices to the poor) in government hospitals. The Health and Family Welfare Department, in its order, citing the government policy that prohibits government doctors from encouraging patients to purchase medicines from external facilities,  rejected 31 pending applications. The move was met with backlash from owners of the Kendras and the opposition BJP, which alleged a “medical mafia” behind the decision.

 

The petitioners contended that the state government's order defeated public interest as it was passed in “haste” and without any consultation or prior warning. They argued that they had invested money in infrastructure development, medicine inventory, and staff salaries, and had a "legitimate expectation" from the state. The GO infringed upon their right to livelihood under Article 19(1)(g) and right to life under Article 21 of the Constitution, they said.

 

The petitioners also pointed out that the closure of the Kendras would impact citizens' right to health as the generic medicines were being sold at 50-90 per cent reduced rates, thus making healthcare accessible to all, especially those below the poverty line category, senior citizens on fixed incomes, daily wage workers and chronic patients requiring regular medication. They drew attention to similar pharmacies like Janata Bazaar and Jana Sanjeevini stores being allowed to operate.

 

The state BJP welcomed the court's decision and alleged the Congress government had been trying to make space for the “medical mafia” by closing down the Jan Aushadhi Kendras.

 

Earlier, Union Minister for Consumer Affairs, Food and Public Distribution Pralhad Joshi had alleged that the state government was closing down the Jan Aushadi (generic medicine) centres only because they displayed the portrait of Prime Minister Narendra Modi.

 

“The state health minister claims that free medicines are being provided at government hospitals. But the fact is, there is no medicine available even for blood pressure or diabetes. As many as 10,000 JAKs are operational in the country. But only Karnataka is choosing to shut them down,” Joshi had charged.

 

State health minister Dinesh Gundu Rao had defended the move stating that only the Kendras inside the government hospitals had been closed.

 

“Jan Aushadi Kendras provide medicines at a subsidised price. But the Karnataka government is giving medicines free of cost. So, there’s no need for  JAK in government hospitals. As a policy, the government doctors are not allowed to recommend patients to purchase any prescribed drugs from outside,” said Rao.

 

The minister had also informed that the government hospitals would directly negotiate the pricing with the Bureau of Pharma PSUs of India (BPPI) and procure the generic drugs to be distributed free of cost to the patients.

India