Viswanath Pilla
Moneycontrol News
The Delhi High Court, on December 14, quashed the Central government’s decision to prohibit the sale, distribution, manufacturing and import of Oxytocin by private companies in India.
The court also was critical about the government vesting the state-run Karnataka Antibiotics and Pharmaceuticals (KAPL) the monopoly to manufacture and sell Oxytocin, as it was fraught with adverse consequences.
The division bench consisting of Justices S Ravindra Bhat and AK Chawla observed that the notification to ban Oxytocin is both "unreasonable and arbitrary" and stated that the decision seemed to be based on no scientific basis or study.
Moneycontrol saw a copy of the order.
"The Union of India did not adequately weigh in the danger to the users of Oxytocin, nor consider the deleterious effect to the public generally and women particularly, of possible restricted supply if its manufacture is confined to one unit," the court said.
The court held that the Central government failed to balance the interests of pregnant women, the right of the private companies to carry on their business and the misuse of the drug in the field of veterinary science.
Oxytocin is a life-saving hormonal drug which is administered to induce labour pain, control bleeding after childbirth, or help new mothers lactate. The drug has been a potent weapon in reducing the maternal mortality rate in India.
However, it was found that Oxytocin was widely misused by a section of farmers and dairy industry to enhance milk production of livestock, causing suffering and mortality to the cattle. To control the misuse, the goverment in April banned the manufacturing and sale of oxytocin formulation, and allowed only KAPL to supply the drug. Even the import of Oxytocin by private companies was also restricted from September 1, 2018.
The ban sparked outrage as doctors and health activists raised concern over shortages of the life-saving drug.
A clutch of petitions were filed by private Oxytocin manufacturers such as BGP Products Operations, Neon Laboratories, and NGO All India Drug Action Network.
The petitioners had claimed that the decision to prohibit the sale, manufacture, distribution, as well as import of Oxytocin, was arbitrary and unreasonable.
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