2016 (4) TMI 834 - SC - Customs

Seeking direction for modification in rules governing availability of morphine and other opioids required for pain control in accordance with Circular issued by the Central Government - Held that - the Government appear to have taken the issue regarding the availability of narcotic drugs for palliative care seriously and not only amended the statutory provision to make availability of the drugs easy but also to regulate the use thereof for medical and non-medical purpose In that view, therefor, the present petition does appear to have served its purpose and led to an improvement in the system that was earlier prevailing. There may still be certain areas of concern which according to the petitioners need to be addressed by the competent authority but the petitioner shall be free to seek such other redress as may be warranted under the law before the authorities. - Petition disposed of

Summary

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.