OXYTOCIN QUALITY AND THE RIGHT TO MATERNAL HEALTHCARE IN INDIA: A SOCIO-LEGAL ANALYSIS OF SUBSTANDARD UTEROTONIC DRUGS

Right to health encompasses the maternal wellbeing which constitute an essential component of reproductive rights of a woman. To prevent and manage obstetric complications, particularly Postpartum hemorrhage (PPH), which remains a major and significant contributor to maternal deaths, the availability of safe, effective and quality-assured life-saving drugs/medicines are crucial. Oxytocin, an essential uterotonic agent, is widely used in obstetric care to prevent and control PPH. However, the use of substandard, degraded and spurious oxytocin has drastically endangered many maternal lives and raises concern regarding patient safety, quality healthcare service and adequacy of existing drug regulation at the national level in India. Integrating the broader concerns relating to maternal health, this study adopts a socio-legal approach to examine the issue from a rights-based perspective. The existing legal framework governing civil, criminal and regulatory liability is critically examined to identify potential avenues for enhancing the protection of women’s right to safe, effective and equitable maternal healthcare in India.