Monday, June 07, 2021

Vaccination no more a state subject - देर आये, दुरुस्त आये !

Supreme Court order and The Attorney Journal was grilled every day before they ordered the government, as summarized by Peri Maheshwer:

1. The SC settles that #vaccination is a central government responsibility: "Thus, the management of the pandemic, control  of  the  spread  of  COVID-19,  vaccination  policy  and  pricing,  are  the responsibility of the Central Government," which must work with State Govts

2. The quota of 25% to States, the SC says, "is extremely disproportionate and not in touch with societal realities". So the "quota available to the private hospitals must be reduced"

3. SC on critical issue around differential pricing: "The only room for negotiation with the manufacturers was on price and quantity, both of which have been pre-fixed. This  casts  serious  doubts on UoI's  justification  for enabling   higher   prices as a competitive measure."

4. "Furthermore,   the   Central Government justifying  its  lower  prices  on  account  of  its  ability  to  place  large purchase  orders  for  vaccines, raises  the  issue  as  to  why this  rationale  is  not  being employed  for  acquiring  100%  of  the monthly  CDL  doses."

5. "The  Union  Budget  for Financial Year 2021-2022  earmarked Rs 35000 crores for procuring vaccines...the  Central  Government  is directed to clarify  how  these funds  have  been  spent  so far  and  why  they  cannot  be utilized for vaccinating persons aged 18-44 years." 

6. And here is the nub as the SC cites Article 14 of the Constitution. What Article 14 says: "“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

7. Therefore, SC says: "it  is important  for  us  to  examine  the  rationality  of  the  existing Liberalized Vaccination Policy  against  Article  14  of  the  Constitution,  since  it could place  severe  burdens, particularly on States suffering from financial distress." 

8. On the use of CoWin App, SC cites various reports on internet availability. Here is one stat in the order: " approximately  13,000  Gram Panchayats in India do not have a Common Service Centres".


He took credit of states successes. He blamed states for his failure. He made an SC order look like govt. policy. He was in hiding when people were dying, And emerged once the pandemic abated.


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