Following the decision by Delhi High Court in July 2015, Madras High Courthas allowed condoms to be kept out of the medicine category and thus ruled that a maximum price for the same can't be fixed under Drug Price Control Order (DPCO).
Decided by the first bench of Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, Madras High Court's judgement favoured the petition filed by TTK Protective Devices Ltd, reported a leading daily.
In July, the Delhi High Court had cancelled orders of the National Pharmaceuticals Pricing Authority (NPPA) to mark condom under medicine category. NPPA's orders were challenged by the condom manufacturers in the court.
Arguing that manufacturers make advanced versions of pleasure condoms which are different from basic/utility condoms, companies had reasoned that such a fixed price cap will have a negative impact on production and on measures of population control.