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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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
- 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
- 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
- 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
- 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
- 5WHO Guideline on Country Pharmaceutical Pricing Policies (2020)regressive mark-ups, risk of medicines leaving the market, enforcement needing skills and resources