High Court slams Karnataka government over Jan Aushadhi ban, free schemes

Bengaluru: The Karnataka High Court came down heavily on the state government while quashing the Health Department’s order banning all Jan Aushadhi centres operating inside government hospital premises.

During the hearing, the court not only questioned the rationale behind shutting affordable medicine outlets but also criticised the government’s approach to populist free schemes.

A single-judge bench of Justice M. Nagaprasanna (Dharwad Bench) delivered the order while hearing over 34 writ petitions filed by license holders, including M. Rakesh of Kusanoor (Haveri), who challenged the sudden eviction order.

During arguments, Additional Advocate General J.M. Gangadhar defended the move, saying that the state already provides medicines free of cost and that government policies are “people-friendly”. He claimed Jan Aushadhi centres selling subsidised medicines created overlap and confusion.

However, petitioners’ counsel, advocate Aniruddha A. Kulkarni, countered sharply, stating that the order was arbitrary, politically motivated, and against public welfare. He argued that shutting down Jan Aushadhi centres—part of a national programme to ensure low-cost essential medicines—directly harms poor patients.

Justice Nagaprasanna repeatedly questioned the government’s logic. “Did anyone complain to you about Jan Aushadhi centres?” he asked. “Just as no one demanded free bus travel for women, no one asked you to remove Jan Aushadhi outlets either.”

The court criticised the tendency of offering free schemes while neglecting essential responsibilities. “Cancer medicines are expensive. Subsidies exist because they save lives. Instead of focusing on education and healthcare, you are busy making everything free — free bus, free this, free that.”

The judge also remarked that the state appears to be struggling to pay even government employees. “If you have no funds, why interfere with a central welfare scheme? Are you trying to play politics with people’s health?”

Quashing the ban, the court observed that the state acted merely because the Jan Aushadhi scheme carries the Prime Minister’s name. “What do you gain by removing these centres from hospitals? Is it only because the scheme is associated with the Prime Minister?” the court asked.

With this order, similar petitions pending before the Bengaluru and Kalaburagi benches also become infructuous. The judgment is being seen as a major setback for the state government, which now faces questions over policy decisions that appear politically driven rather than welfare-oriented.

The High Court’s strong remarks have triggered a fresh debate on the government’s priorities, highlighting concerns that crucial health-related decisions are being overshadowed by political one-upmanship.

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