[Since the bad press received in the wake of his golden Namabali suit,
during the Obama visit, closely followed by an electoral disaster in
Delhi and a resounding defeat in Bihar, Modi, apparently has made a
(limited) course correction.

Instead of projecting himself as an "economic liberaliser", he's now
intent upon repackaging himself as the champion of the poor.
The much reviled, and quite justly so, "demonetisation" is the most
visible element in this image makeover bid.

The people that he had installed in the Niti Aayog spent their
lifetimes in promting neoliberal economic plocies (and that's
precisely why they had been picked up).
And, Modi himself was/is rather enthusiastic about these ideas, otherwise.

But there's a definite tension between his immediate political
imperatives and overall economic outlook.
And, even this (limited) pro-poor stance would come from a right-wing,
*generally*, though not always, market-friendly perspective.
And, (limited) pro-poor stances will be symbiotically woven with more
and more aggressive pro-Hindutva, and "nationalist" moves.
That's the logic of "populism".

So, we'll have certain apparently welcome measures, like doing away
with red beacons on cars for the VIPs.
At the same time, conflicts and contradictions will remain.

- Sukla]

https://thewire.in/131449/niti-aayog-modi-affordable-medicines/

If Modi Really Wants Affordable Medicines, Why is His Niti Aayog
Pushing in the Opposite Direction?

BY ANOO BHUYAN
ON 03/05/2017

The government’s premier policy-formulating agency recently
recommended measures to deregulate the pharmaceutical sector and make
essential medicines more expensive.

People walk past a chemist shop at a market in Mumbai, India, June 25,
2015. Credit: Reuters/Shailesh Andrade

New Delhi: Even as the prime minister repeatedly expresses his
commitment to providing affordable medicines in the country, it
appears that the NITI Aayog and the Department of Pharmaceuticals
(DoP) may be working in an opposing direction. Documents between
October 2016 and April 2017 show the intention of various government
arms to push for drug pricing to be deregulated in line with the
demands of the pharmaceutical industry, making the prime minister’s
recent statements seem like an aberration.

On May 1, Swadeshi Jagaran Manch – a ‘nationalist’ lobbying group
backed by the Rashtriya Swayasevak Sangh – wrote a strongly-worded
letter to the prime minister and called out various sections of the
government for just this. The organisation named the NITI Aayog, which
is the government’s premier policy-formulating institution, the
Ministry of Health and Family Welfare, the DoP in the Ministry of
Chemicals and Fertilisers and the Department of Industrial Policy and
Promotion (DIPP) in the Ministry of Commerce and Industry, and said
that these bodies were working to prevent medicines from being more
affordable in the country.

“So powerful has the hold of the pharmaceutical companies been that
the secretaries and joint secretaries of [these] three ministries …
are now holding meetings along with the NITI Aayog to completely
dismantle the system of price control. Of course, some kind of
pretence, under the guise of pro-poor policies, will be made that they
are going to introduce a better system,” their letter said.


Letter from Swadeshi Jagaran Manch to the prime minister, alleging
that government bodies are trying to make drugs unaffordable.
[Facsimile]

The letter made the allegations without offering proof for them, but
what the SJM is pointing too is a certain mood that has been observed
by close watchers of the pharmaceutical sector as evidenced by
communications within and between these government bodies over the
past few months. The Wire reached out to three relevant officials at
the NITI Ayog but they did not reply to calls, SMSs or emails. The
relevant bureaucrat at the DoP said he is “not competent” to speak on
the matter, although his office has been coordinating meetings on drug
pricing recently.

Modi pushes for affordable medicines

On April 16, Prime Minister Narendra Modi told a gathering in Surat
that his government planned to bring a law making it compulsory for
doctors to prescribe generic medicines. He also tweeted that his
office has pushed for price control, “even if that meant pharma
companies are unhappy with us,” and all of this because, “The poor
must have access to quality and affordable healthcare.”

 Follow
 PMO India ✔ @PMOIndia
After assuming office, mechanisms were put to bring down prices of
medicines even if that meant pharma companies are unhappy with us: PM
10:47 AM - 17 Apr 2017
  355 355 Retweets   1,862 1,862 likes

 Follow
 PMO India ✔ @PMOIndia
The poor must have access to quality and affordable healthcare: PM
@narendramodi in Surat
10:45 AM - 17 Apr 2017
  492 492 Retweets   2,520 2,520 likes

 Follow
 PMO India ✔ @PMOIndia
There are powerful people who are unhappy with me. But, my commitment
is to provide affordable healthcare for poor and the middle class: PM
10:50 AM - 17 Apr 2017
  1,042 1,042 Retweets   5,341 5,341 likes

In February, the National Pharmaceutical Pricing Authority (NPPA)
brought life-saving cardiac stents under price control, slashing their
prices by nearly 85%. The prices of bare metal stents were capped at
Rs 7,260 and drug eluting stents at Rs 29,600. Modi praised the BJP
for this move at rallies in Uttar Pradesh and in Himachal Pradesh,
though it came after a Delhi high court ultimatum that left the
government no alternative.

NITI Aayog pushes for drug price deregulation

The prime minister’s intentions notwithstanding, on April 23, NITI
Aayog released its draft ‘Three Year Action Agenda’ (2017-2020).
Health is in the second but last chapter, and in a small section
titled ‘Access to Medicines’, the government’s think-tank writes
briefly:

 “A balanced approach towards regulation is needed for achieving the
twin objectives of access to effective medicines and a strong
pharmaceutical industry. There is a trade-off between lower prices on
the one hand and quality medicine and discovery of breakthrough drugs
on the other. It is therefore recommended that the Drug Price Control
Order may be delinked from the National List of Essential Medicines.”
For Swadeshi Jagaran Manch, their fears have been evidenced in this
last line, which calls for delinking. In fact, they say the NITI Aayog
is creating fear by taking the prime minister’s idea for more generic
and affordable medicine in the country, and then insinuating in their
draft report that affordable medicines will be of low quality.

In their letter to the prime minister, they say that these
recommendations by the NITI Aayog are in continuation of their
“attempt to deregulate the pharmaceutical market.” They “protest the
ill-intentioned recommendations which will increase the prices of
essential medicines to further unaffordable levels and is revealing of
the NITI Aayog’s apathy towards the welfare of the poor people of the
country.”

Implications of delinking NLEM and DPCO

Although it is a brief section, what the NITI Aayog’s draft agenda
does is draw a connection between medicines that are affordable with
medicines that are substandard or spurious. Their logic is that just
because the medicines are cheap, they will automatically be dangerous.
These insinuations aside, what will perhaps be most impactful is NITI
Aayog’s last and technically-worded sentence: the government
think-tank recommends the delinking of the National List of Essential
Medicines (NLEM) from the Drug Price Control Order (DPCO).

The NLEM is currently a list of 376 drugs, listed in Schedule 1 of the
DPCO. The DPCO is an order that draws its powers from the Essential
Commodities Act, 1955. As far back as 2003, the Supreme Court had
directed the Government to consider and formulate appropriate criteria
“for ensuring essential and lifesaving drugs not to fall out price
control.” Despite the noise made by the pharmaceutical industry about
how price-control is repressive, it is in fact only as recently as
2013, when drugs listed in the NLEM began the slow process of having
their prices fixed. It took ten years for the Government to bring the
Court’s order to this limited state of fruition.

The underlying philosophy for this is larger than just drugs. The
Essential Commodities Act allows the government to also keep tabs on
prices of several items considered important for life and livelihood,
such as cattle fodder, cotton, edible oil seeds, sugar cane, coal and
so on. It allows central and state governments to control the
production, supply and distribution of these commodities and protect
them from price fluctuations.

The NLEM makes medicines affordable to those who need it the most. The
list is significant because it comes under the DPCO which allows for
drug prices to be regulated. Without this linking of the two, the NLEM
is just an inventory. Thus if they are delinked as the NITI Aayog
recommends, there will be no incumbency on the centre or state to
ensure that those listed drugs are made accessible, available or
affordable. These listed medicines could then be priced at the fancy
of the market. This would be a reversal to the pre-2013 time of
exorbitant pricing for essential medicines.

Government tells different stories in the Supreme Court and parliament

It seems the NITI Aayog is also at odds with what the government told
the Supreme Court in an affidavit this year. In January 2017, the
government told the court that it was not planning to dismantle the
NPPA or change the mode of price control in the country. It made this
filing in an ongoing public interest litigation, ‘All India Drug
Action Network and Others versus Union of India.’ The petitioners had
asked the court for a rational drug-pricing policy devised on a cost
based formula. The case began in 2003 and is now in its final
arguments.

The main petitioners last year informed the court that they “fail to
understand how the government can even think of dismantling DPCO 2013
when the matter is sub judice.” To this, the government replied in its
affidavit, in clear terms: “regarding dismantling of the DPCO 2013,
which at present is just an apprehension of the petitioner, as no such
decision to dismantle DPCO 2013 has been taken by the Government.” The
government also said that all news stories reporting it were
“misconceived and misleading and they cannot be relied upon.”

Excerpt from the government’s affidavit in the Supreme Court in January 2017
Excerpt from the government’s affidavit in the Supreme Court in January 2017
[Facsimile]

Then there’s the matter of what the government has been saying in
parliament. Hints on the NITI Aayog’s efforts had reached MPs as well
and a few questions asked in parliament recently pertain to this. On
December 9, 2016, Mansukh L. Mandaviya, minister of state in the
Ministry Chemicals and Fertilisers, was asked in the Rajya Sabha
whether the NITI Aayog has recommended that NLEM be delinked from DPCO
and if the ministry is considering this proposal. Mandaviya denied
this and also said that there wasn’t any proposal to bring a new DPCO
soon.

Replies given by MoS Mansukh L. Mandaviya on price deregulation
Replies given by MoS Mansukh L. Mandaviya on price deregulation
[Facsimile]

Ongoing talks about pharmaceutical pricing in the PMO

On October 19, 2016, a meeting was chaired by the principal secretary
in the prime minister’s office (PMO) to discuss issues relating to the
pharmaceutical sector. Present in the meeting were the CEO of NITI
Aayog and the secretaries of the health ministry, DoP and DIPP.
According to the minutes of this meeting, the bureaucrats decided that
the “Drug Price Control order may be delinked from the National List
of Essential Medicines and, the National Pharmaceutical Pricing
Authority, in its present form and current function may be wound up
and deployed in the D/o Pharmaceuticals with a new mandate.” They also
said that the secretary of the health ministry should consult with the
CEO of NITI Aayog and the secretary of the DOP and the Department of
Economic Affairs (DEA) before she takes any decision on which
essential medicines can be listed in Schedule 1 of the DPCO.

The implication of this is that the access to essential drugs will be
decided by government bodies who have an interest in promoting
corporate interests, such as the DIPP and DEA. The health ministry
will not be able to take decisions on its own, but will need to take
guidance from the NITI Aayog and the DoP as well.

On March 28, 2017, another meeting was held in the PMO to discuss the
concerns of the pharmaceutical industry. Orders seen by The Wire say
that following this meeting, again chaired by the principal secretary,
the members decided that files containing documents pertaining to the
agreements and contracts between drug manufacturers and marketers
would no longer go to the NPPA for analysis before price fixing. This
was because “the Industry has represented that it compromises
commercial information not directly relevant to decision on price
fixation of a new drug.” Another decision taken in this meeting was
also directed at the NPPA – the price regulator was told it cannot
revise the price of a drug for five years (except for revisions based
on a court order or the wholesale price index).

Minutes of the meeting in the PMO on October 19, 2016, regarding drug
pricing and other issues
Minutes of the meeting in the PMO on October 19, 2016, regarding drug
pricing and other issues
[Facsimile]

The DoP is also conducting its own meetings on drug pricing. On March
31, the DoP issued a notice setting up a ‘committee for ensuring
enhanced accessibility of drugs to the poor’. It is expected to
suggest in six weeks, the “measures to be taken for making pricing
policy more in favour of poor patients affordable medicare and health
security.” They have held two meetings so far. The most recent
meeting, on April 21, was designed to be a stakeholder meeting.
Twenty-four industry and trade bodies were invited as well as 12 civil
society organisations, besides bureaucrats.

“Why should bureaucrats be pleading for the industry’s interests? They
should be pleading for the people,” says Ashwani Mahajan, the
co-convenor of the Swadeshi Jagaran Manch. In their letter to the
prime minister, the organisation said that the real purpose of this
committee chaired by the joint secretary of policy in the DOP “is to
pander to the pharmaceutical companies and undermine the good work
done by the NPPA, and ultimately to abort any attempt to do effective
price control and make medicines affordable in India.”

What this means is that in three months, the government has either
reversed its position from what it told the Supreme Court in January
or that the NITI Aayog disregards that affidavit all together. For the
NITI Aayog, nothing much has changed in it approach. From their
meeting in the PMO in October last year through to April of this year,
its stance has been consistent. The body is still recommending the
deregulation of drug pricing and the dilution of the NLEM. The lines
are surprisingly drawn, given that all of this happens even as the
prime minister calls for affordable medicines and a case in the
Supreme Court on drug pricing is going through final arguments.

(This story will be updated if and when the government bodies
concerned get back with a response.)

        



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