Evaluating India’s Pharmaceutical Pricing Policy: A Constitutional & Regulatory Study Of Pharma Sahi Daam App
- IJLLR Journal
- Jan 13
- 2 min read
Mandira Dey, BA LLB (Hons.), National Law University, Tripura
INTRODUCTION
The India’s pharmaceutical pricing policy operates at the intersection of constitutional morality, international trade obligations, patent law, and public health realities. Access to affordable medical products by all countries has long been a subject of debate and deliberation at the World Health Assembly(WHA). Although India is celebrated as the “ Pharmacy of the World” supplying affordable generic medicines to large parts of Global South, this global image often masks serious inequalities in access to medicines within the country. High out of pocket expenditure, escalating prices of patented drugs, uneven implementation of price control mechanisms, and structural gaps in health governance continue to place essential and life saving medicines beyond the reach of a significant portion of the population. In response to these challenges, the Government of India has increasingly relied on interventions and digital tools to promote transparency and affordability. The launch of the Pharma Sahi Daam App represents one such initiative, aimed at empowering consumers with price information for scheduled medicines. However, the effectiveness of such initiatives must be evaluated not merely in terms of technological innovation, but through a deeper constitutional and regulatory analysis that situates pricing policy within the broader framework of the right to health and access to medicines.
ACCESS TO MEDICINES AS A HUMAN RIGHT
Access to medicines has evolved into a central concern of international human rights law, public health policy, and domestic constitutional jurisprudence. It is no longer sufficient to just ensure that medicines exist in the market; what matters is whether people can actually obtain and use them when needed. Contemporary human rights discourse conceptualizes access to medicines through multiple interrelated dimensions. Availability encompasses physical access to healthcare facilities, economic affordability of medicines, and informational access that enables patients to make informed choices. Acceptability and quality further require that medicines be culturally appropriate, scientifically validated, and safe. In the Indian context, where availability of generic medicines is relatively strong, accessibility – particularly economic accessibility remains deeply problematic. The Pharma Sahi Daam App primarily addresses informational accessibility by enabling consumers to compare prices of medicines listed under the Drug Price Control Order, 2013. Yet, informational access alone cannot overcome structural barriers such as patent monopolies, weak enforcement of public ceilings, and limited public provisioning of healthcare.
