Tuesday Brief

It looks as if Courts are ruling our country. Any decision/policy announcement either by state govt or central govt is either challenged in High Court (HC) or Supreme Court (SC). It looks like our courts have no other work than to look into the decision taken by govt/legislature. This has increased after NDA govt took over the central govt, as earlier I have not seen courts being approached on any petty issues. Now if someone does not like any law/policy announcement and he has contacts with media and political leaders opposed to govt, the person concerned moves the court and these political leaders fund him and even give him legal support, just to malign the govt and the ruling party. Even bills passed by the parliament are being questioned in the courts. It has been said that democracy has four pillars and they are Legislature, Media & Press, Judiciary and Bureaucracy. The roles for all fours have been defined. But presently all the four pillars are not behaving in the manner as prescribed by the constitution. The main reason for this downfall is our politicians, who all the time without thinking of the welfare of the people, will oppose any policy/decision by the govt/ruling party. This they just to please their vote banks their political bosses, and party funding business houses. Sometimes they do for the reason that the certain law announced by the govt might harm them individually.

Now coming back to the courts- Yesterday the SC asked the central govt to reconsider the Covid 19 vaccine pricing policy, suggesting that it procure all doses at the negotiated price from the vaccine makers. The current policy may not be in harmony with the right to public health. “ Prima facie the rational method of proceeding in a manner consistent with the right to life (which includes right to health) under article 21 would be for central govt to procure all the vaccines and negotiate the price with vaccine manufacturers.” The court also directed the govt to create an emergency buffer stock of oxygen in collaboration with states and decentralise stock locations. This will make the life-saving gas quickly available if normal supply chains are disrupted. Under the current vaccine policy, there are three rates- the lowest for the centre, slightly higher for states and maximum for private hospitals. The judges remarked that these rates will be detrimental to those in the 18-44 age group. This expanded segment also includes underprivileged groups that may not have the ability to pay.

In this scenario, based on the state govt’s own finances, on whether or not the vaccine should be made available free or be subsidised and if so what extent.

Now whatever points SC has raised are relevant if the situation in the country was normal. How can the vaccine price be the same, when it is coming from different manufacturers, it is being imported as well. There was widespread criticism by some states that they should be allowed to purchase the vaccine directly from the manufacturers as per the requirement of their state. Now every state can negotiate directly with manufacturers and the centre has given broader guidelines on the price issue, now if the state can get a better price then they can very well go ahead and buy. Secondly, as per our federal structure, health is also a state subject, now whom to give free or subsidise for which group. Anyhow if a person can afford he/she can go to a private hospital by paying the decided price. Till the time centre was providing vaccines free of cost to states, till that time there was no problem, and with these new prices, everyone is having a problem.

There are already different types of vaccines for children of various age group (not for Covid 19). Now, these vaccines are free in the govt hospital and private clinics/hospitals are charging the patients as per the cost of the vaccine and their service charges. Now why there should be a different protocol for the Covid vaccine. It should be made available free of cost in govt run hospitals/clinics and charged in private hospitals. But the problem is the states want the centre to make the vaccine free for govt run hospitals, as they have not made any budgetary provisions for the same. The problem is states want to have their cake and eat it too. The states want the price negotiation with them but are not willing to foot the cost for free vaccines. Now a free vaccine is also going to cost something for either state or central govt, and someone has to pay the bill, so that poor people going to govt hospitals can get their vaccine at no cost to them.

Secondly, the issue of shortage of oxygen gas, there was no need for SC to intervene, just because they are sitting in national capital Delhi, and that region is facing a shortage. This happened because there was a sudden rise in a number of cases which increased many folds, so there was a surge in the requirement of oxygen. On the contrary central govt In Jan 2021 has given a grant to Delhi for 8 oxygen plants, and to Maharashtra for 10 oxygen plants but both these state govts never took any action, and now the centre is being blamed by everyone including the judiciary.

Thirdly our public health system is rotten, for the last so many decades. Neither central nor state govt thought of any concrete plan, which was executed also. It is always tested during emergencies and it fails always. The reason being corruption and lack sided approach by bureaucrats

Now one more issue has cropped up on which SC has kept quiet, and that is the statement of Adar Poonawala, MD of Serum Institute that he is being threatened/pressurised by some political elements on the issues of delivery of vaccine doses. For time being, he has left India and is operating from London. Such is our political system.

I sincerely hope that during this pandemic, the politics of state and central govt be kept aside, and look into the welfare of suffering citizens.

Waiting for your views/comments.

Anil Malik

Mumbai, India

4^th May 2021