Produce jab policy data, apex court orders Govt
Flagging serious gaps in the Centre’s vaccination policy, the Supreme Court on Wednesday directed the Government to place on record all relevant documents and file notings that went into the formation of the Covid-19 vaccination policy. The court also asked the Centre to provide the purchase history till date of all jabs, including Covaxin, Covishield and Sputnik V.
The apex court also asked the Centre to specify the steps it was taking to ensure the availability of drug for mucormycosis or black fungus. The Bench headed by Justice DY Chadrachud also directed all States and Union Territories to submit within two weeks their stand on providing free vaccination.
This is the second big embarrassment to the Centre in handling the cases in the Supreme Court on Covid-19 pandemic management. On May 9, taking out the powers of Health and Home Ministries, the apex court had formed 12-member National Task Force (NTF) comprising noted doctors to handle the supply and delivery of oxygen, medicines, etc. On Monday, the apex court also criticised the differences in vaccine pricing by the Centre and States.
The special bench of Justices DY Chandrachud, LN Rao and S Ravindra Bhat said that “while filing its affidavit, Union of India shall also ensure that copies of all the relevant documents and file notings reflecting its thinking culminating in the vaccination policy are also annexed on the vaccination policy”. The bench asked the Centre to ensure each issue dealt by it in the order is responded to individually.
“The complete data on the Central Government’s purchase history of all the Covid-19 vaccines till date (Covaxin, Covishield and Sputnik V). The data should clarify: (a) the dates of all procurement orders placed by the Central Government for all 3 vaccines; (b) the quantity of vaccines ordered as on each date; and (c) the projected date of supply,” the bench said.
The top court also sought data on the percentage of population that has been vaccinated (with one, 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 far vaccinated,” it said, adding that an outline for how and when the Central Government seeks to vaccinate the remaining population in phases 1, 2 and 3, shall also be given.
The bench noted that the Centre in its May 9 affidavit stated that every State/UT shall provide vaccination free of cost to its population and said that it is important that individual Governments confirm/deny this position before the apex 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.
“Hence, we direct each of the State/UT Governments to also file an affidavit within 2 weeks, where they shall clarify their position and put on record their individual policies,” the bench said. It listed the matter for further hearing on June 30.
On May 31, the top court had highlighted “digital divide” between rural and urban India and posed searching queries to the Centre on mandatory registration on CoWIN for COVID jabs, vaccine procurement policy and differential pricing, saying the policy makers “must have ears on ground” to effectively deal with the “unprecedented” crisis. Asking the Centre to “smell the coffee” and ensure that COVID-19 vaccines are available at the same price across the nation, the top court had advised the government to be flexible with its policies to deal with the “dynamic pandemic situation”.
The top court had, however, hailed the Centre and External Affairs Minister S Jaishankar for the efforts to deal with the pandemic saying, “The idea is not to criticize or pull down anybody. When the EAM went to the USA and entered into the dialogue, it showed the importance of the situation”.
Justice Chandrachud, who himself is recovering from coronavirus infection, had questioned the vaccine procurement policy and raised the issue of digital divide questioning the policy of mandatory registration on CoWIN App for jabs.