India Supreme Court orders review of 'discriminatory' vaccination plan

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The Supreme Court of India has issued an order asking the central government to review India’s current vaccination plan in the midst of the country’s second wave of infections, reports Jurist.

It stated that the present policy would infringe the right to public health, violating Article 21 of the Indian Constitution. The court outlined several aspects of the central government’s vaccine pricing policy that require review.

The court’s main focus was on the current policy discrimination between who would receive the vaccine or not. This is because there is a difference between the way the central government receives vaccines and how state governments receive vaccines.

Vaccine manufacturers have offered a lower price to the central government and a higher price to the state governments. This makes it likely that state governments will negotiate with manufacturers which will be detrimental to those in the age group of 18-44 years, who will be vaccinated by the state governments.

The specific group that the court stated would be affected by the present policy comprises Bahujans and those belonging to other underprivileged groups who may not have the ability to pay. Whether or not they will be able to receive the vaccine will depend upon the decision of each state government. This will create disparity across the country and be a form of discrimination made between different classes of citizens. This is contrary to Article 21 of the Indian Constitution which emphasises the right to life and public health.

The court offered the government a method to proceed with that is consistent with this right. The court said this would be for the central government to 'procure all vaccines and to negotiate the price with vaccine manufacturers'.


Full Jurist report (Open access)

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