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2016 (4) TMI 834

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..... ndard operating procedures so as to make the Rules for morphine availability workable and to encourage the growth and spread of palliative care services at hospitals and through NGOs on the lines of the model standard operating procedures and MMR adopted by the State of Kerala. It prays for a direction to the Central Government to ensure that pain relief and palliative care are matters of priority under health care in India and liable to be included not only in National Cancer Control Program but also in the programs governing control and treatment of AIDS and other incurable diseases. Several other directions have also been prayed for by the petitioner including a direction to the Central Government for preparation in consultation with exp .....

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..... aforementioned issued Notification No. S.O. 1181 (E) dated 05.05.2015, in exercise of the powers conferred upon it under Section 9 read with Section 76 of the Act. It has also by notification dated 05.05.2015 simplified provisions relating to possession, transport use etc. of the essential narcotic drugs. The affidavit states that the provision relating to the essential narcotic drugs have been finalized after elaborate consultation with all stake holders including the State Governments, trade and industry and the palliative care community. The affidavit enumerates the important amendments in the following words: "......Section 2 (viiia) : "essential narcotic drug" means a narcotic drug notified by the Central Government for medical and s .....

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..... re following: a. The issue of diverse rules made by the State Government has been addressed by uniform rules applicable throughout the country. b. While making provisions for easy availability of the 'essential narcotic drugs', adequate safeguard measures have been provided to prevent non-medical use of the 'essential narcotic drugs'. c. Medical use of essential narcotic drugs for palliative care and drug dependence treatment will be primarily implemented though Recognized Medical Institution. Medical institution with appropriate infrastructure will apply to the appropriate authority under the State Governments for Recognized Medical Institution." Appearing for the respondent-Government of India, Ms. Pinky Anand, l .....

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