2016 (4) TMI 834 - SC - Customs

Court grants petition for morphine rule modifications and state palliative care guidelines, improving access and regulations.

The Court disposed of the petition seeking modifications to Rules for morphine availability and mandamus for State guidelines on palliative care. The ... Availability of morphine for palliative care - essential narcotic drugs - uniform licensing system under the NDPS Act - simplification of NDPS Rules for medical use - Recognized Medical InstitutionAvailability of morphine for palliative care - essential narcotic drugs - simplification of NDPS Rules for medical use - uniform licensing system under the NDPS Act - Recognized Medical Institution - Whether the writ petition seeking directions to modify rules and improve availability of morphine and other opioids for palliative care should be granted in view of subsequent legislative and executive action - HELD THAT: - The Central Government amended the Narcotic Drugs and Psychotropic Substances Act, 1985 through the Narcotic Drug and Psychotropic Substances (Amendment) Act, 2014, and thereafter notified certain narcotic drugs as essential narcotic drugs and issued amended rules simplifying provisions relating to possession, transport and use of those drugs. The amendments were taken after consultation with stakeholders and expressly aim to provide a uniform regulatory framework across States, facilitate medical use for palliative care and drug dependence treatment, incorporate safeguards to prevent non-medical use, and provide for implementation primarily through Recognized Medical Institutions. In view of these developments the Court found that the core grievance of inadequate access has been substantially addressed by the executive and legislative measures. The petition has thus achieved its object insofar as it prompted the respondent authorities to modify the statutory and regulatory framework to improve availability and regulation of narcotic drugs for medical purposes. The Court observed that any residual or implementation-specific concerns may be pursued by the petitioner before the competent authorities under law.Petition disposed of as having served its purpose; parties to bear their own costs, petitioner free to seek further redress before authorities.Final Conclusion: The petition is disposed of on the basis that the Central Government has amended the statutory framework, notified certain drugs as essential narcotic drugs and simplified rules to address availability and regulation for palliative care; remaining implementation issues may be pursued before the appropriate authorities. Issues:1. Direction to modify Rules for availability of morphine and opioids.2. Mandamus for State Governments to issue guidelines on morphine availability.3. Direction to Central Government for prioritizing pain relief and palliative care.4. Inclusion of palliative care in medical and nursing curricula.Analysis:1. The petition filed in public interest sought a direction for modifying the Rules governing the availability of morphine and other opioids for pain control. It also requested a Mandamus for State Governments to issue guidelines to make the Rules workable and promote palliative care services. The petitioner emphasized aligning with the Circular issued by the Central Government and model standard operating procedures adopted by the State of Kerala.2. The Central Government, in response, highlighted amendments made to The Narcotic Drug and Psychotropic Substances (Amendment) Act, 2015, enabling the notification of narcotic drugs for medical purposes as essential narcotic drugs. This step aimed to ensure uniform licensing for the availability of morphine and opioids for palliative care. The Government simplified provisions related to the possession, transport, and use of essential narcotic drugs after consultations with stakeholders, including State Governments and the palliative care community.3. The respondent-Government of India informed the Court about the comprehensive steps taken to address the issue raised in the petition. The Government amended the statutory framework to regulate the availability and use of narcotic drugs for medical purposes effectively. The Government's counsel highlighted that the concerns raised in the petition had been substantially addressed through the amendments, indicating that the petition had served its purpose in improving the existing system of palliative care.4. Considering the developments and improvements made by the Government, the Court disposed of the petition, allowing the petitioner to seek further redress if necessary. The Court acknowledged the positive impact of the petition in prompting necessary changes and improvements in the system governing the availability and use of essential narcotic drugs for palliative care, leaving room for the petitioner to address any remaining concerns through appropriate legal channels.