In a landmark ruling aimed at curbing soaring drug prices and protecting public health, the High Court has ordered the government to fix the prices of 739 life-saving medicines, restoring full state control over drug pricing after decades of industry monopoly.

The verdict, delivered on Monday, August 25, by a bench of Justice Md Rezaul Hasan and Justice Biswajit Debnath, declared invalid a 1994 government circular that had transferred pricing power of most medicines to private manufacturers.

Instead, the court reinstated the original 1993 Health Ministry gazette, which placed price control firmly in the hands of the government.

The ruling comes after a public interest litigation filed in 2018 by the human rights organisation Human Rights and Peace for Bangladesh (HRPB), challenging the 1994 circular that drastically reduced government oversight.

At the time, the circular limited state control to just 177 medicines, allowing drug manufacturers to set prices for the remaining 562 on the list.

A victory for the right to health

Senior Advocate Manzil Morshed, representing the petitioner, argued that the unchecked pricing by pharmaceutical companies violated citizens’ fundamental right to life under Article 31 of the Constitution. “The price hike of life-saving drugs is not just an economic issue. It’s a matter of life and death,” he said.

The court agreed, ruling that under Section 11 of the Drugs Control Ordinance 1982, the government holds the legal authority to regulate medicine prices.

The verdict mandates that the Health Secretary, DG Health Services, DG Drug Administration, and other relevant authorities implement the price-fixing directive and publish the updated list in the official gazette, as required under Article 112 of the Constitution.

“This judgment restores the government’s responsibility to protect public health over corporate profit,” said Morshed. “For years, common people have been forced to buy essential medicines at exorbitant prices due to unchecked manufacturer control. That ends now.”

Back to the 1993 framework

The 1993 gazette originally fixed prices for 739 critical drugs – ranging from antibiotics and insulin to cancer and cardiovascular medications. But within months, the 1994 circular undermined that effort, leaving pricing power in the hands of the Bangladesh Association of Pharmaceutical Industries.

The High Court’s decision effectively nullifies that shift, returning authority to the state and paving the way for affordable access to essential medicines.

The ruling gains added significance in light of recent developments. On August 17, the interim government formed a task force to revise the national list of life-saving drugs. The court has now directed that the government must determine and regulate prices for all medicines on this new list.

A step toward health equity

Health experts and civil society groups have welcomed the verdict as a major step toward health equity and pharmaceutical accountability.

With the court’s directive now in force, all eyes are on the Ministry of Health and Drug Administration to swiftly implement the price controls and ensure nationwide compliance.

For millions of Bangladeshis who have struggled to afford basic treatment, the High Court’s decision may finally bring relief – proving that, in the fight for health, justice can be just one verdict away.