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Ramesh Shankar, Mumbai October 27 , 2017
A Member of Parliament (Lok Sabha) from Punjab, Dr. Dharamvira Gandhi, has expressed concern over the attempt of the US medical device industry to exert political pressure on India against the price control on medical devices. The medical device MNCs are demanding the withdrawal of General System of Preference (GSP), which gives lesser tariff to export certain products from India to USA, to exert pressure on the government of India to reconsider its decision on price control of medical devices.

In a letter to Suresh Prabhu, Minister of Commerce and Industry, the MP said that the National Pharmaceutical Pricing Authority (NPPA)'s decision to fix the maximum retail price of cardiovascular stents and knee implants have brought great relief to the patients. Prior to the price fixation patients were at the mercy of the hospitals and doctors, who use to charge high margins from the patients. The markup in the case of cardiovascular stents was between 650 to 1000 percent. This exploitation was carried in collaboration with the medical devices MNCs.  

In the absence of effective and efficient public health care system, nearly 83% of the people are going to the private healthcare facilities. Therefore, price control of health products such as medicines, vaccines, and medical devices is the only effective intervention available in the hands of the government to safeguard the people from the exploitation of hospitals and corporation. Our Constitution under Art.21 makes it obligatory for the government to ensure access to health products at affordable price. Therefore the decision of NPPA to fix the price is a right step in fulfilling the constitutional obligation, Dr Gandhi said.

The government should not buckle under pressure from the industry or the USA. We should uphold our sovereign right to protect peoples' health. In this regard, it is worthwhile to note that the UN has adopted sustainable development goals (SDG), which is applicable to all countries including the USA. SDG 3 is on health i.e. ensuring healthy lives and promotes well being for all at all ages. Steps like price control are important steps to achieve SDG3.

It is now in the public domain that the manufactures of cardiovascular stents and knee implants were acting in cohort with the hospitals to keep the prices high. This business practice clearly violates the provisions of completion law of India. Therefore I request the government to ask the Competition Commission of India to carry out an investigation, Dr Gandhi in his letter to the Minister said.

Further, I also understand that India has enough policy space to increase the import tariffs of medical devices such as cardiovascular stents and knee implants from the current applied level to WTO bound level. In case of any action from USTR to withdraw partial or full GSP withdrawal should be retaliated with increasing tariffs of not only medical devices having domestic manufacturing capabilities but also on some of the luxury goods like Harley Davidson bikes, he further demanded.

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