HC stays State Government’s order to suspend Janaushadhi centres in government hospitals

Bengaluru: The Karnataka High Court has issued a stay on the state government’s order to suspend Janaushadhi centers located within government hospital premises. The government had previously directed these centers to cease operations, a move that sparked widespread protests.

In response, 16 petitioners approached the High Court challenging this decision. Today, during hearing before Justice MI Arun, the court temporarily ordered that the Janaushadhi centers remain open until further notice, preventing their suspension for the time being.

The petitioners argued that setting up Janaushadhi centers involves significant expenditure to provide basic healthcare facilities. They also emphasized that these centers offer medicines at highly discounted rates, ranging from 50% to 90%, which greatly benefits the common people. The petitioners’ lawyers contended that the government’s order to shut down these centers infringes on the fundamental right of access to affordable medicines. The High Court, hearing these arguments, issued the interim order to keep the centers operational until the next hearing.

It is noteworthy that the government’s order was limited to suspending Janaushadhi centers within government hospital premises under the jurisdiction of the State Health Department. The order had already been implemented at the district level, leading to the closure of these centers in various government hospitals.

This decision faced strong opposition from the public and opposition parties, including the BJP, who argued that shutting down these centers, especially those providing medicines at low cost to the poor, was unjustified. There were calls for the government to withdraw its order.

Additionally, the government has prohibited doctors in government hospitals from advising patients to purchase branded medicines externally. This policy aims to prevent hospitals from recommending or facilitating the purchase of medicines outside the hospital premises, aligning with the government’s healthcare strategy.

The Indian Pharmaceutical Industry (IPI) oversees Janaushadhi centers, and the government had previously instructed the Department of Health to take necessary actions to suspend centers operating in government hospitals, following contractual regulations.

The department was also directed not to approve applications from 31 centers currently under review. However, the High Court has now intervened to halt these actions.

This development indicates ongoing legal hurdles to the Karnataka government’s efforts to regulate and potentially shut down Janaushadhi centers within government medical facilities.