RIGHT TO LIFE SAVING DRUGS – A STUDY IN CONTEXT TO INDIAN PATENT LAW AND DRUGS AND COSMETICS ACT

AUTHOR – DARPAN, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – DARPAN, RIGHT TO LIFE SAVING DRUGS – A STUDY IN CONTEXT TO INDIAN PATENT LAW AND DRUGS AND COSMETICS ACT, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 255-260, APIS – 3920-0007 | ISSN – 2583-7230

INTRODUCTION

The Right to access life saving drugs in India occupies a vital juncture where Constitutional Rights, Public Health Programs and Intellectual Property Law intersects. In a nation of over 1.4 billion people, ensuring equitable access to essential medicines is not only a moral imperative but a Constitutional mandate flowing from Article 21 of the Indian Constitution. This right^[1], however, must coexist with the legitimate rights of pharmaceutical innovators protected under the Indian Patent Act, 1970^[2] and The Drugs and Cosmetics Act, 1940^[3], which regulates drug quality, safety and efficacy.

This article attempts a comprehensive analysis of how Indian Laws attempt to balance the Right to Life with Patent Rights and Drug Regulations ensuring that medicines remain affordable, available and effective. It delves into statutory frameworks, landmark cases, policy innovations and current challenges to provide a holistic picture of India’s efforts to uphold the Right to Life Saving Drugs.

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^[1] Right to Life – Article 21 Constitution of India.

^[2] The Patents Act, 1970.

^[3] Drugs and Cosmetics Act, 1940.