A bench, headed by Justice Dipak Misra, sought the assistance of parties on the legal question and also asked the government to produce records to show the action it has taken on the recommendations of the 81st report of the Parliamentary Standing Committee on Health and Family Welfare.
The recommendations dealt with the issue of drugs relating to Human Papilloma Virus vaccine and the parliamentary panel's criticism on the manner in which the vaccines were introduced and administered on minor girls in India.
The two drugs in question are Gardasil and Cervarix, manufactured by Merck Sharpe and GlaxoSmithKline respectively.
Earlier, the court had asked the government to ensure that express consent is taken in a transparent manner from persons on whom clinical trials are carried out.
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It had also asked the Drugs Controller General to produce files relating to issues like the procedure of taking consent of persons on whom clinical trials of such vaccines, Gardasil and Cervarix, have been carried out.
The bench had said there has to be a proper system in place to ensure that persons, who suffer adverse effects of such vaccination, were awarded compensation.
He had also told the court that the government has amended the rules relating to taking consent of the persons undergoing clinical trial of a medicine or a vaccination.
The bench had said it had to examine whether proper protocol and procedure was followed for introduction of these vaccines because it has been alleged that deaths have also been caused.