·The Hindu·15 marks·250–350 wordsPolityEconomyS&T

High out-of-pocket health spending remains a barrier to Universal Health Coverage in India. Evaluate the role of the DPCO 2013 framework in addressing it.

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In this answer
  1. Contributions of DPCO 2013
  2. Limitations

Universal Health Coverage (SDG 3.8) means people can get care without financial hardship. In India, paying for medicines from one's own pocket is a major cause of such hardship. The Drugs (Prices Control) Order (DPCO), 2013 is India's main tool for controlling drug prices [3]. It has brought real relief, but only to a narrow segment of the market.

Contributions of DPCO 2013

  • Ceiling prices: the NPPA fixes ceiling prices for Schedule-I medicines, which are drawn from the essential medicines list. This keeps essential drugs affordable [3].
  • Trade Margin Rationalisation (TMR): in 2019, NPPA used its extraordinary powers under Para 19 to cap trade margins at 30% on 42 non-scheduled anti-cancer drugs [4].
  • Measurable relief: the MRPs of 526 brands fell by up to 90%, saving patients about ₹984 crore a year [2].
  • Light-touch design: TMR leaves the manufacturer's price alone and caps only the mark-up added along the supply chain. This disrupts industry less than full price control.

Limitations

  • Narrow coverage: non-scheduled drugs have no ceiling price. The Supreme Court found gaps of up to 1,000% between the price to retailer and the MRP, called this "broad daylight dacoity", and asked why other drugs and medical devices are not covered [1].
  • Weak legal footing: TMR still depends on Para 19 emergency powers and remains a pilot [2].
  • Flat rates: the 16% retailer margin and the 30% cap are both flat percentages. The WHO recommends regressive mark-ups, where the margin rate falls as the drug's price rises [1][5].
  • Gaps in enforcement: margin caps cannot lower the manufacturer's price of costly patented or imported drugs. Discounts paid outside the invoice can hide the true margin, and enforcement needs skilled staff and resources [5].
  • Risk to supply: the WHO warns that margins set too low can push medicines off pharmacy shelves [5].

Verdict: DPCO has delivered significant relief to cancer patients. However, it reaches only a small part of the medicines households pay for themselves, so its effect on out-of-pocket spending overall is limited.

DPCO 2013 has shown that price regulation can work, but it covers too little of the market. The way forward is to:

  • write TMR into DPCO as a permanent rule;
  • set margins in price slabs, with lower rates on costlier drugs;
  • require disclosure of discounts and review the rules regularly;
  • negotiate prices for patented drugs;
  • expand Jan Aushadhi generics alongside price caps.

Together, these steps would make DPCO a real tool for delivering the Right to Health under Article 21 and SDG 3.8.

Sources

  1. 1The Hindu, "Work out a plan for capping prices of all drugs: SC to govt", 13 October 2026mark-ups of up to 1,000%, "broad daylight dacoity", 16% retailer margin, call to cover all drugs and devices
  2. 2Lok Sabha reply on Trade Margin Rationalisation of anti-cancer medicines (AU445)526 brands, up to 90% MRP cut, ₹984 crore a year saved, TMR still a Para 19 pilot
  3. 3PIB, "NPPA fixes ceiling prices in respect of the drugs specified in Schedule-I to DPCO, 2013"DPCO 2013 as the governing framework; NPPA ceiling prices for Schedule-I drugs
  4. 4PIB, "Significant Reduction in Cancer Drug Prices due to Trade Margin Capping" (2019)Para 19 powers; 30% cap on 42 non-scheduled anti-cancer drugs
  5. 5WHO Guideline on Country Pharmaceutical Pricing Policies (2020)regressive mark-ups, risk of medicines leaving the market, enforcement needing skills and resources
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