Vaccine policy. SC says paid vaccine policy for 18-44 arbitrary, irrational

The Supreme Court has called the government’s paid vaccination policy for those in the 18-44 age group “ prima facie arbitrary and irrational”.

The court said the Centre’s ‘Liberalised Vaccination Policy’, which covers the 18-44 age group, expects them to pay through their nose. It said in the first two phases the Centre had been in the driver’s seat. But during the second wave and expansion of the immunisation drive to the 18-44 group, the Centre gave ground and took responsibility for only 50 per cent of vaccine purchase and distribution, leaving States and private hospitals to buy vaccines at a higher price.

Bench’s observation

This change in policy “is, prima facie , arbitrary and irrational,” a Bench led by Justice D.Y. Chandrachud observed in a 32-page order on Wednesday.

The Bench asked if the Centre had done a “means test” to ascertain if 50 per cent of the 18-44 age group could afford to pay for the vaccines.

The court said the registration through Co-WIN, coupled with the scarcity of vaccines, ensures that the rich get vaccinated first. Further, the “liberalised” vaccine policy does not prioritise people with co-morbidities, disabilities or belonging to vulnerable groups within the 18-44 set. The Court said scarcity may be forcing States to divert vaccines meant for the 18-44 age group to those above 45.

In a series of directions, the court told the Centre to place on record a roadmap of projected availability of vaccines till December 31, 2021. It ordered the Centre to submit in two weeks all the “documents and file notings reflecting its thinking and culminating in the vaccination policy” along with an affidavit.

Prep for third wave

The court asked the Centre to come clean on the preparedness with respect to the specific needs of children in the event of a third wave, in terms of medical infrastructure, vaccination trials and regulatory approval and drugs.

The Bench sought details on the percentage of population vaccinated (with one shot and both doses). “This shall include data pertaining to the percentage of rural as well as the urban population vaccinated,” it clarified. The court asked the government to outline how and when it would vaccinate the remaining population.

The court also sought complete data on the Centre’s purchase history of vaccines till date (Covaxin, Covishield and Sputnik V) and asked it to specify steps taken to ensure drug availability for mucormycosis.