HC questions legality of 18-member taskforce

The High Court has issued a rule questioning the legality of the health ministry’s decision to constitute an 18-member taskforce for preparing the essential drug list and recommending rational drug pricing excluding Ayurvedic, Unani, Homeopathic, Biochemic, Herbal and Veterinary experts.

In the rule, the court asked the respondents to explain within three weeks why the health ministry’s notification issued on July 24 last year and their failure to include all stakeholders in the taskforce should not be declared illegal.

The HC also asked the respondents to show cause as to why they should not be directed to include all stakeholders in the taskforce.

Health secretary, senior assistant secretary at the health services division, and director general of the directorate general of drug administration have been made respondents to the rule.

The HC bench of Justice Ahmed Sohel and Justice Fatema Anwar issued the rule on January 19 following a petition filed by two individuals including AK Mahbubur Rahman, secretary general of Bangladesh Unani Medical Association.

Senior lawyer Subrata Chowdhury assisted by Advocate AKM Jaglul Haider Afric Advocate Sanjid Rahman Shuvo appeared for the petitioners while deputy attorney generals Khan Ziaur Rahman and Mohammad Abdul Karim, along with Assistant Attorney Generals Khorshed Alam Selim, Md Uzzal Hossain and Rayhanul Islam represented the state during hearing of the petition.

Jaglul Haider told The Daily Star yesterday that the task force traditionally included representatives from all streams -- Allopathic, Ayurvedic, Unani, Homeopathic, Biochemic and Herbal. In this instance, only allopathic representatives were included. 

The petitioners said on November 10, 2024 the Advisory Council (Cabinet Division) issued directives regarding the approval of the Essential Drug List. 

The directives said the Health Services Division’s “Essential Drug List” is timely, but it should be reviewed by a high-level task force comprising all stakeholders. 

Subsequently, an 18-member task force was formed to make recommendations on the preparation of the National List of Essential Medicines and ensuring their availability. Professor Shahinul Alam, vice-chancellor of Bangladesh Medical University, was made its chair, and Muhammad Mozammel Hossain Khan, joint secretary (Drug Administration Wing) of the Health Services Division, was made its member secretary.

Section 13 of the Drugs and Cosmetics Act, 2023 provides for the formation of a National Drug Advisory Council and specifies the matters on which it will advise the government.

Under this section, the government must form a National Drug Advisory Council comprising a chairman and such number of members as it considers appropriate from time to time. The council will advise the government on implementing the National Drug Policy, developing the domestic pharmaceutical industry, and ensuring the production and supply of medicines to meet national demand.

The same section also provides that, to fulfill the objectives of developing the domestic pharmaceutical industry and meeting national demand, certain medicines from Allopathic, Ayurvedic, Unani, Homeopathic, Biochemic, Herbal and Veterinary Categories will be declared as “essential medicines,” with a list to be published and updated every two years, the petitioners stated in the petition.

The petitioners alleged that the formation of the 18-member task force violates Section 13 of the Drugs and Cosmetics Act, 2023. 

When contacted, Zakir Hossain, secretary general of Bangladesh Association of Pharmaceutical Industries, said “We agree with the arguments made by the  petitioners. Our position is that until the matter is resolved by the court, the ministry should refrain from taking further action.”