Ban on manufacture, sale of Oxytocin by private cos: Centre challenges Delhi HC verdict in Supreme Court

Central government has filed an appeal against the Delhi High Court verdict, which had struck down the ban imposed on the sale, distribution, manufacture and import of Oxytocin by private companies in India..Oxytocin, which is naturally produced by females, is administered artificially to induce labour pain, control bleeding after childbirth, or help new mothers lactate. One of the prominent misuses of Oxytocin is in the dairy sector to enhance lactation of livestock.Centre had, through a notification dated April 27, 2018, prohibited the sale, distribution, manufacturing and import of Oxytocin by private companies with effect from September 1, 2018. The said notification had vested in State-run Karnataka Antibiotics and Pharmaceuticals Ltd. the monopoly to manufacture and sell the same..This was challenged in Delhi High Court in a batch of petitions preferred by private Oxytocin manufacturers/sellers BGP Products Operations GmbH, Neon Laboratories, and NGO All India Drug Action Network as unreasonable and arbitrary..The Centre had argued that the move was necessary to control and prevent the “rampant abuse” of Oxytocin. It had claimed that the decision was taken after much deliberation and as a matter of last resort..The High Court had, however, turned down the argument and held that Oxytocin was one of the essential drugs notified by the Centre itself, and the decision to grant monopoly to a single unit was “fraught with adverse consequences”. The Court had noted that Centre “did not weigh in the dangers of concentrating manufacture of Oxytocin with one unit.” The decision could lead to restricted supply of the drug, which would have an adverse effect on maternal health, it had observed..The High Court had, therefore, held that the Centre failed to balance the interests of pregnant women, the right of the private companies to carry on their business, and the misuse of the drug in the field of veterinary science. The Court further stated that the decision seemed to be based on no scientific basis or study..This decision has now been challenged in the Supreme Court.