Supreme Court terms Centre’s vaccination policy as ‘arbitrary and irrational’ | 7 key points

The Supreme Court has termed Centre’s policy of free vaccination for 45 and above age group and paid system for those in 18-44 age group as “arbitrary and irrational”. Pointing out the changing nature of the COVID-19 pandemic, a special bench of Justices D Y Chandrachud, L N Rao and S Ravindra Bhat asked the Centre to review its vaccination policy .

Questioning Centre’s decision to not include 18-44 age group for free vaccination, the Court noted that persons in the particular age group have not only been infected by COVID-19, but have also suffered from severe effects of the infection, including prolonged hospitalisation and, in unfortunate cases, death.

The Court also asked the Centre “place on record a roadmap of projected availability of vaccines till 31 December 2021”.

The bench also took exception to Centre’s assertion that court should keep away from executive decisions. “Our constitution does not envisage courts to be silent spectators when constitutional rights of citizens are violated because of executive policy.”

Court also asked the Centre to place on record all relevant documents and file notings reflecting its thinking culminating in the COVID-19 vaccination policy. “While filing it”s affidavit, UoI shall also ensure that copies of all the relevant documents and file notings reflecting its thinking and culminating in the vaccination policy are also annexed on the vaccination policy,” the bench said.

It also asked the Centre to furnish detailed data on the purchasethe purchase history till date of all jabs including Covaxin, Covishield and Sputnik V.

The government also has to submit a comparison of prices of vaccines available in India to their international prices, the Court said.

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”.