The Supreme Court of India refused to entertain an appeal seeking ban on emergency contraceptive pill, “i-pill” manufactured by Cipla Ltd. The petitioners had contended that the particular product violates the provisions of Medical Termination of Pregnancy Act, 1971. The Hon’ble Court took this stand on January 18th 2010.
Krupa Prolifiers, Kerala based Charitable foundation had filed an PIL (Public Interest Litigation) contending that i-pill manufactured by Cipla is not an contraception pill but an abortion pill. Abortions in India are illegal per se under MTP Act. The counsel for the trust- MP Raju said that the pill takes effect after the fertilization whereas a contraceptive does not allow fertilization. Hence, i-pill is an abortion pill not a contraceptive as it terminates pregnancy. Cipla on the other hand held on to the submission that life begins only after implantations.
The full bench comprising of Chief Justice K G Balakrishnan and Justices R V Raveendran and Deepak Verma did not accept the submission of the petitioner and declared that it is baseless on scientific grounds. The bench also mentioned that the government must have had strong reasons to permit over the counter sale of i-pill. They further said that it will spread scare among people as such measures are part of daily life.
“You do not have a case where it has been misused. We will not even consider entertaining the PIL as it could scare people”. The bench said.