# Kerala HC says Centre can override patents for affordable drugs

2026-09-28T15:12:11+00:00 | Governance | Indian Opinion Desk

Corroboration: 3 independent outlets

The Kerala High Court has ruled that the Union government can invoke Section 100 of the Patents Act to manufacture patented life-saving medicines and supply them at cheaper rates to needy patients on a non-commercial basis. The judgment came on a petition by Sarojam Radhakrishan, a former bank employee diagnosed with advanced breast cancer in 2021, who died while the case was pending. The court held that the government can intervene when a patented medicine is sold at an exorbitant price, as in this case where a 21-day course of the drug Ribociclib cost Rs 58,140. The court rejected arguments by the Centre and pharmaceutical industry that Section 100 could only be used for government purposes, saying the provision includes selling products to needy patients. The government must first collect data and assess affordability before acting.

## Indian Opinion Analysis

All three sources report the judgment neutrally, with no discernible slant. NDTV and Times of India lead with the legal finding, while The News Minute adds the patient's name and monthly cost of Rs 63,480. The uniform coverage reflects a straightforward legal ruling with no political or ideological divide. The practical impact depends on whether the government now acts: the court has given it the power, but the next step requires the Centre to collect price data and decide which medicines are unaffordable.

## Coverage

- ndtv.com (neutral report) <https://www.ndtv.com/india-news/4-years-after-her-death-court-says-centre-can-make-cancer-drug-she-needed-12109283#publisher=newsstand>
  Straight reporting of court ruling, no editorial framing
- timesofindia.indiatimes.com (neutral report) <https://timesofindia.indiatimes.com/india/kerala-hc-calls-for-centres-intervention-on-exorbitantly-priced-patented-medicines/articleshow/134545168.cms>
  Agency copy-style report, no slant, includes both sides
- thenewsminute.com (neutral report) <https://www.thenewsminute.com/kerala/union-govt-has-power-to-override-patents-for-affordable-life-saving-drugs-rules-kerala-hc>
  Factual report with patient details, no slant

Tags: Kerala High Court, Patents Act, Ribociclib, Section 100
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