HC restores govt authority to set prices for 739 medicines after 31 years
In 1993, govt fixed prices for 739 medicines, but a 1994 circular limited this to 117, giving manufacturers control over the rest
The High Court has restored the government's authority to set prices for 739 medicines, reinstating a 1993 gazette and overturning a 1994 circular that had handed this power mostly to manufacturers.
The HC bench of Justice Md Rezaul Hasan and Justice Bishwajit Debnath passed the order today after disposing of a writ petition filed by the Human Rights and Peace for Bangladesh (HRPB).
With this ruling, the authority to fix prices of most locally produced medicines will remain with government officials instead of the manufacturers, said the petitioner's lawyer.
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The health secretary, director general of health, director general of drug administration, and the president and secretary of the Medicine Owners' Association, along with other officials, have been directed to implement the order.
Petitioner's lawyer Monjil Morshed said, "Section 11 of The Drugs (Control) Ordinance, 1982, gives the government authority to control medicine prices. Based on this, the health ministry published a gazette on 18 September 1993 fixing prices for 739 medicines. But on 26 February 1994, the ministry issued a circular limiting this authority to only 117 medicines and gave manufacturers the power to set prices for the rest."
"The HRPB challenged the 1994 circular in the public interest by filing a writ petition in 2018. The High Court then issued a rule asking why the circular should not be declared illegal. After long hearings, the verdict came today [25 August 2025]," he added.
During the hearings, Morshed argued that medicines are vital for survival and that price hikes directly affect citizens' right to life. He said limiting the government's authority through the 1994 circular undermined this right. He asked the court to declare the circular illegal and keep the power to set prices of life-saving medicines with the government.
Morshed further said the court, while disposing of the rule, directed under Article 112 of the Constitution that prices of essential life-saving medicines must be fixed by the government. The court also ordered that the prices be determined by the proper authority and published in gazette form.
