The Delhi High Court today questioned the Centre on its decision to put a ceiling on the prices of condoms saying what was the issue if consumers are willing to pay for premium or luxury male contraceptives.
A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw posed the query to the government while hearing a plea by pharma firms Reckitt Benckiser and J K Ansell Ltd (JKAL) who have challenged the government's decision to put a ceiling on the prices of condoms.
Additional Solicitor General Sanjay Jain, appearing for the Centre, responded that condoms are currently in the national list of essential medicines and there can be no gradation, of luxury and ordinary, where drugs are concerned.
The pharma firms have in their pleas contended that their products are 'devices' not 'medicines' and thus would not fall under the Drug Price Control Order (DPCO). Therefore, no cap can be put on the prices, they said.
The firms have claimed their products are luxury products "meant for pleasure" and have also sought clarification on whether the current ceiling would apply to only utility condoms and whether NPPA proposes to fix a separate cap on "pleasure condoms".
The Centre had in July told the court that it has increased the cap on prices of all brands of condoms in the country by 22 per cent. However, the increase in prices comes to Rs 1.48.
The companies in their pleas have challenged a November 5, 2013 notification of the government according to which the ceiling on condom prices was fixed at Rs 6.56.
In its petition, Reckitt Benckiser has argued that the low ceiling price will force bigger companies to stop production, which in turn will have a negative effect on population control measures.
The central government, however, is of the view that since condoms help to prevent diseases, they came under the classification of 'medicines' and, hence, their prices can be controlled.
