Delhi HC Issues A Directive To The Centre And Delhi Government On The Distribution Of A Black Fungus Drug

What Is The Drug In Question

• Amphotericin B is an antifungal used to treat fungal infections. Amphotericin B shows a high order of in vitro activity against many species of fungi.
• Treatment with Amphotericin can last 4-6 weeks, require 90-120 injections of the drug, and cost Rs 5 lakh-8 lakh or even more.

What Did Delhi High Court Say

• The bench of Justices Vipin Sanghi and Jasmeet Singh stated – “If you have to make a cruel choice, will you give it to a 80 year old or to someone who has two children to support? You've to take a decision if you're giving it to a 45 year old or to 85 year old or not. You'll have to take a decision that a person aged 35 years will get it or not."
• They further pointed – “There is an important aspect. What you told us that day that you're providing pro rata allocation of vials to hospitals. You're leaving it to the judgement of the doctors, that's completely unacceptable. You as a State must come out with a policy. This is a bullet you'll have to bite."
• In a rather realist comment they guided – “You'll have to make the list of priority. Everybody is facing this today. So there has to be a policy. You can't distribute to everyone. There is a scarcity today, it is an admitted position.”
• The bench has directed the counsels Senior Advocate Rahul Mehra for Delhi government and Central government Standing Counsel Kirtiman Singh to submit a policy with respect to this issue the next day.