The Centre’s policy of giving free vaccination to the 45-plus age group and a having paid system for those below, is “prima facie arbitrary and irrational”, the Supreme Court said in its detailed order of Monday’s hearing made available on Tuesday. The court also asked the government to furnish complete data on purchase history of all Covid-19 vaccines till date (Covishield, Covaxin and Sputnik V). It will take up the case again on 30 June.
The top court in its order ordered that the data should clarify: (a) the dates of all procurement orders placed by the Central government for all three vaccines; (b) the quantity of vaccines ordered as on each date; and (c) the projected date of supply.
The Supreme Court also referred to Union Budget for 2021-22 which earmarked Rs 35,000 crore for procuring vaccines and asked the Centre to clarify “how these funds have been spent so far and why these funds cannot be utilised for vaccinating all (free of cost) in the 18-44 group”.
Keeping in mind the increasing incidents of post-Covid complication Mucormycosis (Black Fungus), the Supreme Court also sought details of steps being taken by the Centre to ensure supply of drugs for Mucormycosis. The court also asked the Centre to provide an outline for how and when the Central government seeks to vaccinate the remaining population in phases 1, 2 and 3.
The apex court also asked the Centre to provide data on the percentage of population that has been vaccinated (with one dose and both doses), as against eligible persons in the first three phases of the vaccination drive.
This shall include data pertaining to the percentage of rural population as well as the percentage of urban population so vaccinated, the court said. “We also note that Union of India’s (UoI) stated position in its affidavit dated 9 May is that every State/UT government shall provide vaccination free of cost to its population. It is important that individual State/UT governments confirm/deny this position before this Court. Further, if they have decided to vaccinate their population for free then, as a matter of principle, it is important that this policy is annexed to their affidavit, so that the population within their territories can be assured of their right to be vaccinated for free at a state vaccination centre.”
The court directed the Central government to file its affidavit within two weeks.
The top court also directed each of the state/UT governments to also file an affidavit within two weeks, where they shall clarify their position and put on record their individual policies. “Due to the changing nature of the pandemic, we are now faced with a situation where the18-44 age group also needs to be vaccinated, although priority may be retained between different age groups on a scientific basis. Hence, due to the importance of vaccinating individuals in the 18-44 age group, the policy of the Central government for conducting free vaccination themselves for groups under the first two phases, and replacing it with paid vaccination by the state/UT governments and private hospitals for the persons between 18-44 years is, prima facie, arbitrary and irrational,” the court said.
WITH AGENCY INPUTS