The Supreme Court made a big observation on the Covid 19 vaccine issue.
The Supreme Court has questioned the Centre’s logic that manufacturers are selling COVID-19 vaccines for a hefty discount because it places bulk orders. The court asked the government then why it cannot buy 100% of the vaccines at a discount instead of leaving the States to fend for themselves. The centre buys vaccines for Rs 150, while the States have to shell out between Rs 300-600.
If the Central govt’s unique monopolistic buyer position is the only reason for it receiving vaccines at a much lower rate from manufacturers. If the states buy directly it will an additional burden on them. SC said that, with a Rs 35,000 Cr budget to buy vaccines, has money to spare, unlike the states which have suddenly been burdened with the task to cough up funds for vaccines.
SC asked the Central govt to clarify how the budgeted have been spent and why they can not be utilised for vaccinating persons age 18-44. The Centre’s liberalised policy gives only a 50% role to purchase Covid vaccines. The other half is shared between the states/UT and private Hospitals.
The States are handicapped in their direct talk with foreign vaccine manufacturers as the latter preferred negotiating with federal govt of various countries. The court also sought confirmation from the States about the Centre’s claim that ‘ every state/UT govt shall provide vaccination free of cost to its population. SC directed the States and UT to file their reply in this regard.
The court has asked the Centre to place on record its written policy to ensure equitable distribution of vaccine across the section of society.
The SC further said that paid Covid 19 vaccination policy for 18-44 age group is ‘ arbitrary and irrational. Currently, the Centre’s vaccination policy provides for free vaccination for those 45 and above age group.
Health experts have pointed out recently that unlike the first wave, when the elderly and people with comorbidities were affected, younger people were more affected in 2nd phase surge nationwide.
The SC has asked the Centre to respond and clarify how Rs 35,000 Cr earmarked for Covid 19 vaccine procurement in the budget being utilised, and why funds from the same could not be utilised for vaccinating persons in 18-44 age group.
In my opinion, SC has forgotten one aspect that it was States who wanted to float their own tender for the vaccine as they felt that the Centre is not giving them a fair share of vaccination doses. The classic case is of Maharashtra, where even Mumbai Municipal Corporation floated a global tender for vaccination, and no vaccine manufacturer showed any interest and whatever offers they receive were from middlemen. The States even went to Indian manufacturer but the response was from them was lukewarm, as they said they are busy with other orders of the Centre. We will order directly started from the opposition ruled non-NDA states and their contention was we do not have faith in the BJP/NDA govt. The leaders from these states had earlier said this is BJP vaccine and hence we will not take it. When these states found out it is difficult to procure vaccine, as no manufacturer is ready to talk to them, and the manufacturers said they will only talk to the Centre. So again these states are putting pressure on the Centre for the supply of the vaccine.
Regarding the Central govt’s vaccination policy- The Covid situation is very new to everyone in the world, and there could have been no fixed vaccination policy as the situation went on changing drastically after January 2021. The centre is modifying the policy as per the needs, now if the court wants to criticise govt for the same then it is not fair. Yes, I agree with SC that there should have been provision for free vaccination doses in the 18 to 44 age group.
Even the Solicitor General of India also said in SC yesterday that it is the right of the legislature to formulate the policy and courts have no say in that, the administration knows the situation better. SC also agreed with him on this point. The SC’s only contention is that when free vaccination was available to the 45+ age group then it should also be available to the 18-44 age group, in this regard SC’s point should be considered by the Centre.
Waiting for your views/comments.
Anil Malik
Mumbai, India
3rd June 2021
Tejinder Singh Sethi
The idea is to make the vaccine available to the country by the best method. And this needs to be paced up as only 3.2% of the population are completely vaccinated .
Sapna wadhwa
No doubt vaccintions should b free for all as they had earlier announced.