[“It was only the fear of the contempt notice that made the NDA
government reduce the prices of stents—not because of public
interest.”
Abhishek Manu Singhvi]

http://www.nationalheraldindia.com/news/2017/02/23/lawyer-calls-prime-minister-bluff-on-coronary-stents-pm-took-credit-but-birender-sangwan-effort-made-it-happen

Copies of complaints and PILs filed by Sangwan do indeed chronicle his
efforts to get prices of stents slashed, puncturing the NDA
government’s claims

A lawyer calls the Prime Minister’s bluff on coronary stents

The Prime Minister was quick to take credit for slashing prices of
stents. But it seems he was being economical with the truth. It was
lawyer Birender Sangwan’s efforts since 2014 that made it happen

NH Political Bureau
Feb 23rd 2017, 01.53 PM

At an election rally in Gursahaiganj, Kannauj on February 15, Prime
Minister Narendra Modi took credit for massively slashing the prices
of stents—which are used to treat narrowed or weakened arteries in the
heart. The decision, which was taken the previous day, he said, would
help the poor suffering from heart ailments to get stents at just
₹8,000, which was earlier sold at ₹45,000. Why had the Congress for
years failed to revise the prices of stents, he asked.

Indeed the decision was a huge relief for many cardiac patients across
the country as the ceiling price of bare metal stents was brought down
to ₹7,260 from ₹45,000; and that of drug eluting stents were fixed at
₹29,600 from about a whopping ₹1.2 lakh. Clearly there was much
profiteering happening on the sale of stents.

However, the PM as usual was economical with the truth on why and how
his government had to slash the stent prices.

The fact is that the Modi government had not put 'stents' on the list
of essential medicines on its own and had dithered with slashing the
stent prices as long as possible till the Delhi High Court left it
with no option by issuing it a March 1, 2017 deadline. And, behind all
that were the efforts of a lawyer—Birender Sangwan, who through his
persistent efforts since 2014, made that all happen.

"The UPA Government did bring in important reforms such as the
National List of Essential Medicines (NLEM) in 2011 and also issued
the Drug Price Control Order (DPCO) in 2013," said senior Congress
spokesperson Abhishek Manu Singhvi, who along with Sangwan, addressed
a party press briefing in New Delhi on Wednesday.

"However, the Congress doesn't claim to have listed stents in the
essential medicines list nor should the BJP take credit for the
decision," he said.
THE STENT STUNT

The various copies of complaints and PILs filed by Sangwan do indeed
chronicle his efforts, and puncture the NDA government's claims.

"After being shocked by the offensive price of around ₹1.2 lakh
charged for stents when his friend’s father was admitted at a
Faridabad private hospital, Sangwan took up the battle thereon to stop
the profiteering on stents."

Sangwan first got a reply to a Right to Information query on December
9, 2014 from the National Pharmaceutical Pricing Authority (NPPA),
which regulates the prices of medicine in India. In 2013, through the
Drug Price Control Order, the NPPA had got the power to fix the
maximum price limit for essential drugs.

The RTI reply stated that the stents were notified as “drugs” under
the Drugs and Cosmetics Act. But stents were not included in the
National List of Essential Medicines (NLEM) — a prerequisite for it to
be covered under the Drug Price Control Order. Therefore, there was no
“ceiling price” fixed and profiteering was rather the norm when it
came to stents.

Sangwan says he then filed his first Public Interest Litigation (PIL)
in the Delhi High Court in February 2015 and that the Court thereafter
on February 25, 2015 directed the Centre to include ‘coronary stents’
in NLEM.

However, with nothing happening from the government's side, Sangwan
says he filed a contempt petition against the Centre in July 2015.
Finally, after a long wait, he says, when the High Court considered
the contempt petition in October 2016, he got a copy from the
government that said that stents had been already put in the essential
medicines list in July that year. "I wasn't aware of it till October,"
he says.

The Health and Family Welfare Ministry had issued a notification on
July 19, 2016 to include coronary stents in NLEM “with immediate
effect”. But that was all. The next necessary step was still not
taken—of the Department of Pharmaceuticals, which comes under the
Ministry of Chemicals and Fertilizers, notifying stents as a
‘Schedule-I drug’, without which it wouldn’t be eligible for price
control.

The stents, meanwhile, continued to be sold at high rates and beyond
the reach of many people.

“It was only the fear of the contempt notice that made the NDA
government reduce the prices of stents—not because of public
interest.”
Abhishek Manu Singhvi

There were reports that the Ministry of Chemicals and Fertilizers in
the meantime had talks with the US-India Business Council which has
among its members Abbott Laboratories, Boston Scientific, Medtronic
and other US-based companies that were said to be opposed to stents
coming under price control.

“If the Modi government was sincere about slashing the prices of
stents, then why didn’t it do anything after July 19? The price of
coronary stents had not been fixed despite it being included in the
essential list of medicines,” says Sangwan. He says he then filed his
third petition in November 2016.

On December 7, 2016, the Delhi High Court asked the Centre on its
stand on fixing the maximum retail price of coronary stents. Then on
December 22, the court gave the NDA Government a deadline of March 1,
2017 to fix the maximum retail price of coronary stents.

The government subsequently included stents in the first Schedule of
the Drug Prices Control Order in December 2016. And, finally, on
February 14, 2017, capped the prices of stents. And, the PM presented
a contrary narrative to the people the next day at the Kannauj rally.

“It was only the fear of the contempt notice that made the NDA
government reduce the prices of stents—not because of public
interest,” said Abhishek Manu Singhvi.



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