Centre's Policy Of Paid Vaccination For 18-44 Years Prima Facie Arbitrary & Irrational SC

Overview

• The Supreme Court held the Centre’s policy of free vaccination for 45+ people, healthcare workers and frontline workers while asking the 18-44 age group to pay for the vaccination by State, UTs, and private hospitals is arbitrary and irrational.
• Hon’ble Justices D. Y. Chandrachud, L. Nageswara Rao and S. RavindraBhat made these observations in a suo moto writ petition regarding covid 19 management.
• The court highlighted that the Constitution doesn’t envisage the courts to be silent spectators when the constitutional rights of the citizens are being infringed by executive policies.
• The Court also questioned the Centre about the Rs. 35,000 earmarked for the vaccination were spent.
• The Court asked the Centre to undertake a new evaluation of its vaccination policy to address the issues raised.
• The Hon’ble Court has sought detailed information in the form of an affidavit in two weeks.

The Court’s Observation

• The bench observed that due to the changing nature of the pandemic, the 18-44 age group also needs to be vaccinated along with the 45+ age group, healthcare workers and frontline workers.
• The Hon’ble Court stressed the importance of vaccinating people in the age group 18-44 as the Coronavirus is capable of mutation and possess a threat to the young generation as well.
• The Court also observed that the Liberalized Vaccination Policy may not yield desirable results for prompting competitive prices and higher quantities of vaccinations.
• The Hon’ble Court has asked the Centre to provide the noting and documents reflecting “its thinking and culminating in the vaccination policy”
• The Court held that even though the constitution upholds the principle of separation of powers and policymaking is the duty of the executive, that doesn’t mean that the Court lacks the jurisdiction of judicial review.
• The Court has directed the Union of India to file its affidavit within 2 weeks regarding the matter and the State and the UTs to file their affidavits in two weeks as well to clarify their position on the matter and put forward their individual policies.

What did the Court ask the Centre to clarify

• The Court asked the Centre whether the Government can use its monopoly as a buyer to bargain for higher quantities of vaccines at decent prices.
• The Court also asked the Centre whether it will intervene in the vaccination distribution process and take into account the interstate migration, healthcare infrastructure, the capacities of the UTs and the literacy rate and other factors so that the Governments of States and UTs have a genuine assessment of aid they can expect from the Union of India.
• The Court has asked the Centre to provide with the data of the percentage of urban and rural population vaccinated and data regarding the purchase of Covishield, Covaxin, and Sputnik V vaccines.
• Further, the Hon’ble Court has asked whether the Centre has vaccinated the population free of cost and about its preparedness regarding specific needs of children in the event of a third wave, and the number of crematorium workers vaccinated in Phase 1 of the vaccination drive.
• Whether it is permissible for state/UT governments or individual local bodies to access vaccine supplies of foreign manufacturers under the vaccination policy.
• The Court also asked if certain vaccination centres can be set aside for on-site registering for the population aged 18-44 years, to address accessibility barriers in the Cowin portal.
• The bench also asked the Government whether it conducted a means-test of the States or UTs to assert that 50% of the population between the age groups of 18-44 will be able to afford the vaccination.

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