New Delhi:The Supreme Court made a scornful remark on the Centre Government's vaccine policy terming it "arbitrary and irrational". The SC also asked the Centre to review its vaccine policy.
The SC pointed out those in the age group of 18-45 will have to pay for the vaccine as per the new policy, unlike those above the age of 45. Taking a dig at the requisite of registering on Cowin app to get a slot for vaccine, the SC said digital literacy is so low in the country and people are struggling to get the jabs.
The top court raised concerns and speculations over private hospitals charging exorbitant prices or not selling vaccine through public platform. The SC was commenting on the policy in which vaccines are allocated on pro-rate basis where 25% each is open to states and private hospitals.
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The apex court also pointed out glaring disparity online booking of slots in CoWIN app would bring in among different strata of the society.
"In the liberalized vaccine policy, 50% of the population of any state/ UT in the 18-44 age group is expected to pay for its vaccination. From the UOI's affidavit, we understand that this has been done by taking into account the ability of a certain section of the population to pay for their vaccination.
"However, the present system of allowing only digital booking of appointment on CoWIN, coupled with the current scarcity of vaccines will ultimately ensure that initially all vaccines whether free or paid, are first availed by the economically privileged section of the society. As such, even though you may have been able to afford the vaccine, you may opt for a free vaccine simply because of issues of availability even if it would entail travelling to far-flung rural areas.
"Hence, any calculations of the economic viability of a given individual may not directly correspond to the vaccination route (paid/unpaid)they opt for. Consequently, it is possible that private hospitals may have vaccine doses leftover with them because everyone who could afford them has either already bought it or availed free vaccine while those who need it may not have the ability to pay for it," observed the court.
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The SC questioned how the Centre and States are ensuring equitable distribution. It asked whether there is any intervention on private hospital's end-user price especially when a cap on purchase by the private hospitals has been set.
The SC directed the Centre to clarify whether private hospitals are liable to disburse vaccine on a pro-rate basis. The SC asked whether the Centre has conducted a means-test of the State/ Union Territory's demography to assert whether 50% of those in 18 to 44 age group would be able to afford the vaccine.
The Court observed that it is not manufacturers but also the Centre who had taken financial risk by producing vaccine. The Centre had provided Rs 46 crores to conduct vaccine trials, facilitated production and granted Emergency Use Authorisation, SC pointed out. The SC had earlier suggested the Centre to invoke its power to reduce the vaccine price. The apex court asked the Centre to give its reply on comparison of the prices of vaccines being made available in India to their prices internationally.
The SC has also asked the Centre to reply on how balance is being maintained between the Centre and states in respect to cold storage equipment capacity, whether the capacity has increased, whether it is produced indigeniously and any steps have been taken for that and what is being done to improve the cold storage management. The matter will be heard again on June 30.
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