Children die after consuming toxic syrup; SC refuses CBI probe

The Supreme Court on Friday dismissed a Public Interest Litigation (PIL) seeking a CBI investigation into the deaths of children in Madhya Pradesh and Rajasthan after consuming toxic cough syrup.

A PIL allows citizens to approach courts on matters affecting public welfare. Advocate Vishal Tiwari argued that repeated deaths from contaminated medicines required a single, impartial probe, rather than fragmented state-level inquiries. He highlighted that this was not the first instance of adulterated medicine and states were blaming each other. The plea sought a National Judicial Commission or Expert Committee, headed by a retired Supreme Court judge, to examine the manufacture, testing, and distribution of syrups containing toxic chemicals like Diethylene Glycol (DEG) and Ethylene Glycol (EG).

The petition also demanded the immediate recall of Coldrif Cough Syrup, produced by Tamil Nadu-based Sresan Pharma Pvt. Ltd., nationwide testing of syrup medicines, public disclosure of results, and criminal action against negligent manufacturers.Solicitor General Tushar Mehta opposed the plea, stating that state governments were already taking steps. The Supreme Court noted the petitioner had filed several similar PILs and dismissed the plea, believing existing mechanisms were sufficient.

However, this raises serious questions: if states were monitoring effectively, why did toxic cough syrups still reach the market, claiming the lives of at least 20 children in MP? Alarmingly, Sresan Pharma had not been audited by state authorities for 14 years, and its Kancheepuram facility was found unhygienic and non-compliant with regulations. Meanwhile, Tamil Nadu’s Drug Control Administration (TNDCA) has been operating without a permanent head since June 2025, with allegations of corruption further weakening oversight. Who is accountable - the state, regulators, or manufacturers? Reactive measures after fatalities cannot replace proactive oversight.

Similar tragedies have occurred before, notably the Maiden Pharmaceuticals case in 2022, where four cough syrups exported to The Gambia (Country in West Africa) caused t he deaths of 70 children due to toxic levels of diethylene glycol and ethylene glycol, leading to acute kidney failure. Investigations later revealed regulatory lapses and possible bribery among officials, underscoring the urgent need for independent investigations, stricter enforcement, and stronger monitoring of pharmaceutical companies.

The case underscores that leaving regulatory oversight solely to the states is insufficient; systemic reforms and preventive measures are critical to protect children from avoidable deaths caused by toxic medicines.