We can’t be mute spectators when constitutional rights of citizens are infringed: SC

A medic administers a Covid -19 dose to a benificiary during a vaccination drive for the specially abled people, at Jai Vakeel foundation, in Mumbai, on Wednesday. Pic/PTI

The Supreme Court on Wednesday called the Centre's policy of charging citizens in the 18-44 years age group for Covid-19 vaccination "arbitrary and irrational", and observed that immunisation is the government's "singular most important task".

Referring to Rs 35,000 crore earmarked in the Budget for Covid-19 management, the SC asked why it cannot be used to vaccinate the 18-44 years age group free of cost. It also sought to know how this fund has been spent so far.

"Policy of Centre for conducting free vaccination for groups under first two phases and replacing it with paid vaccination by states/UTs and private hospitals for persons in 18-44 years age group, is prima facie arbitrary, irrational," the Times of India quoted a bench of Justices D Y Chandrachud, LN Rao and S R Bhat as saying.

"The Liberalised Vaccination policy does not prioritise persons with comorbidities and other diseases, persons with disabilities, or any other vulnerable groups. This is especially at issue because the experience of the second wave of the pandemic has provided experiential learning that the Covid-19 virus is capable of mutation and now poses a threat to persons in this age group (18-44) as well," the bench added.

"Our constitution does not envisage courts to be silent spectators when constitutional rights of citizens are infringed by executive policies," NDTV quoted the SC as saying.

Mamata Banerjee, chief minister West Bengal

The SC has asked the Centre to place on record all relevant documents and file notings reflecting its thinking culminating in the Covid-19 vaccination policy, and the purchase history till date of all jabs including Covaxin, Covishield and Sputnik V.

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 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 also asked the Centre to specify the steps being taken by it to ensure drug availability for mucormycosis or black fungus. The top court's order came in suo motu case on Covid-19 management. It listed the matter for further hearing on June 30.

‘Submit all documents within 2 weeks'

In its May 31 order, uploaded on Wednesday on its website, the Supreme Court directed the central government to submit the affidavit within 2 weeks. The bench asked the Centre to ensure that each issue dealt by it in the order is responded to individually. The details sought by the SC are:

>> Complete data on the Centre's purchase history of all Covid-19 vaccines till date (Covaxin, Covishield and Sputnik V). Should clarify: (a) the dates of all procurement orders placed by the Centre for all 3 vaccines; (b) the quantity of vaccines ordered as on each date; and (c) the projected date of supply

>> Data on the percentage of population that has been vaccinated (with one, and both doses); this shall include data on rural as well as urban population

>> An outline for how and when the Centre seeks to vaccinate the remaining population

DCGI eases norms for foreign-made vaccines

The Drugs Controller General of India (DCGI) has waived the requirement of testing every batch of foreign-made Covid-19 vaccines by the Central Drugs Laboratory, Kasauli, and post-launch bridging trials for such firms, a move that will bolster availability of vaccines. The decision comes in the backdrop of Pfizer and Cipla putting forth similar demands during negotiations to supply imported vaccines to India.

‘Why start vax centres with pomp if Covaxin 2nd shot unavailable?'

"You opened so many vaccination centres with so much pomp and splendour and now you say you don't know when the second dose stock would be available," said the Delhi High Court on Wednesday, slamming the AAP government. The HC issued notice to the Delhi government seeking to know whether it can provide the second Covaxin dose to those who got the first shot before the expiry of the incubation period of six weeks between the two doses. It also issued notice to the Centre on two pleas to make the second dose of both Covaxin and Covishield available in Delhi.

Also Read: Amid scarcity, no Covid-19 vaccination drive today in Mumbai: BMC

2,83,07,832
Total no. of Coronavirus cases in India so far

3,35,102
Total no. of deaths due to the virus in India so far

17,93,645
Total no. of active cases in India

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