Dharwad: Jan Aushadhi Kendras operating within government hospital premises in Karnataka can continue their functioning after the Dharwad bench of the Karnataka High Court quashed the state government’s order directing their closure.
High Court Quashes State Order
The verdict was delivered on Wednesday by Justice M. Nagaprasanna, who allowed a batch of petitions filed by Rakesh Mahalingappa L. and others. The detailed written order is awaited, but the court made strong oral observations while delivering the decision.
Court Stresses Access to Affordable Medicines
During the hearing, the court orally observed that it would not permit any wing of the government to interfere with the availability of medicines for the poor. The bench remarked that affordable medicines, whether free or at a nominal cost, must not be disrupted.
Petitions Challenging Closure Directive
The petitions challenged the government order dated May 14, which had directed the closure of all Jan Aushadhi Kendras located inside government hospitals. The petitioners argued that the order was issued hastily, without consultation, and was against public interest.
Investment and Livelihood Concerns Raised
The petitioners pointed out that substantial investments had already been made in infrastructure, equipment, and staffing of the Kendras. They contended that shutting them down would violate their right to livelihood under Article 19(1)(g) of the Constitution.
Impact on Right to Health Highlighted
It was further argued that the closure would adversely affect citizens’ right to health under Article 21. Jan Aushadhi Kendras provide generic medicines at significantly reduced rates, benefiting below poverty line families, senior citizens, daily wage workers, and patients with chronic illnesses.
State Government’s Argument
The Additional Advocate General submitted that government hospitals already supply medicines free of cost, making Jan Aushadhi Kendras within hospital premises unnecessary. He argued that the Kendras could continue operating outside hospital campuses.
Relief for Patients and Kendras
The High Court’s decision offers relief to both the Kendras and patients dependent on low-cost medicines. By setting aside the closure order, the court has ensured continued access to affordable generic medicines within government hospital premises across Karnataka.
