HC Accepts argument that condoms are devices meant for pleasure

Accepting the argument that condoms were devices meant for pleasure and did not fall into the category of medicines — the Delhi High Court on Friday revoked the two orders of the National Pharmaceutical Pricing Authority (NPPA) which had put a ceiling on the prices of condoms by including it in the Drug Price Control Order.

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said that the NPPA orders of November 4, 2013 and July 10, 2014 were illegal and unsustainable.

The court had earlier also questioned the price ceiling, specifically asking why it was even an issue when consumers were willing to pay for luxury contraceptives.

Two pharmaceutical companies Reckitt Benckiser and J. K. Ansell Limited had filed the plea in court, contending that their condoms were luxury products meant for pleasure and not utility condoms. They had also sought clear cut instructions from the government on whether the price ceiling was meant only for the utility contraceptives or whether there would be a ceiling even on luxury pleasure condoms.

To this, the government maintained that since the condom was already in the list of essential medicines, there was no question of differentiating between utility and luxury. The government also informed the court that if the ceiling on condoms were to be removed, the pharmaceutical companies would then flood the market with expensive and high-end varieties of condoms while making the cheap utility variety condom scarce.

Condoms, they said, helped prevent diseases and hence could be categorised as, “medicinal,” and therefore be eligible for the same ceiling put on other medicines.

The pharmaceutical firms also told the court that the price ceiling on the condom might just force bigger companies to stop production since they could not make profit, and this, in turn would have an effect on population control.