Will the CJI Gavai-led Bench Investigate the Deaths of Children Linked to Toxic Cough Syrup?

Synopsis
Key Takeaways
- Supreme Court set to hear a PIL about child fatalities.
- Diethylene Glycol (DEG) found in contaminated cough syrup.
- 14 children reported dead in Madhya Pradesh and Maharashtra.
- Calls for a comprehensive investigation into drug safety regulations.
- NHRC involved in overseeing accountability.
New Delhi, Oct 10 (NationPress) The Supreme Court is scheduled to hear on Friday a public interest litigation (PIL) requesting an in-depth investigation into the fatalities of children allegedly caused by the ingestion of tainted cough syrup in Madhya Pradesh and Maharashtra.
The PIL alleges that at least 14 children have died since early September, primarily from Nagpur in Maharashtra and Chhindwara in Madhya Pradesh.
According to the causelist posted on the apex court's website, a Bench led by Chief Justice of India (CJI) BR Gavai along with Justice K Vinod Chandran will deliberate on the case on October 10. The petition, submitted by lawyer Vishal Tiwari, asserts that laboratory analyses conducted by the Madhya Pradesh government revealed the presence of Diethylene Glycol (DEG)—a toxic industrial solvent banned for pharmaceutical use—in 'Coldrif Cough Syrup' produced by Tamil Nadu's Sresan Pharma Pvt. Ltd.
The initial cases emerged from Chhindwara district in Madhya Pradesh in early September, and shortly after, additional cases were reported from Nagpur, leading to a rising death toll.
“In light of these alarming findings, the Union Government and the Central Drugs Standard Control Organisation (CDSCO) reportedly failed to issue an immediate nationwide recall or ban, allowing potentially hazardous medications to remain in circulation across states,” the petition highlighted.
It drew comparisons to incidents in The Gambia and Uzbekistan, where DEG-tainted Indian syrups were associated with over 90 child fatalities abroad. “This situation is not a random tragedy but a result of negligence, indifference, and regulatory failure—an institutional decay that permits counterfeit and adulterated drugs to infiltrate the public market unchecked,” the PIL remarked.
The petition calls for the establishment of a National Judicial Commission or Expert Committee, led by a retired Supreme Court judge, to conduct a thorough investigation into the production, regulation, testing, and distribution of contaminated syrups, and to recommend systemic reforms for drug safety.
Additionally, it seeks a Central Bureau of Investigation (CBI) inquiry into the child fatalities across states, overseen by a former apex court judge.
The PIL also urges the court to transfer all pending FIRs related to these deaths to the CBI to ensure a consistent and impartial investigation.
Another request is for the immediate recall, seizure, and prohibition of all batches of Coldrif Cough Syrup and related products made by Sresan Pharma Pvt. Ltd. until independent NABL-accredited laboratories can provide toxicological clearance and verify safety.
On Monday, the National Human Rights Commission (NHRC) issued notices to the Principal Secretaries of the Health Departments of Madhya Pradesh and Rajasthan in response to a complaint alleging significant failures in drug safety and regulatory measures that contributed to this tragedy.
The apex human rights organization has directed the Drugs Controller General of India (DCGI), the CDSCO, and the Union Ministry of Health and Family Welfare to initiate a thorough investigation into the supply chain of the alleged counterfeit drugs, alongside instructing all regional laboratories in the relevant states to gather and analyze samples.
“The authority has also been directed to order all Chief Drugs Controllers in the relevant states to expedite the banning of the counterfeit drugs and submit reports,” stated the NHRC.