SC seeks to know 'thinking' behind Covid-19 vaccine policy, finds it 'arbitrary, irrational'

The Supreme Court has directed the Centre to inform on its "thinking" behind the current vaccination policy, saying replacement of free jabs with paid inoculation by the states and private hospitals for people in the age group of 18-44 years was prima facie arbitrary and irrational.

A bench presided over by Justice D Y Chandrachud also asked the Centre to provide data on the percentage of population vaccinated so far (with single dose and both doses), both in rural and urban areas, along with documents reflecting its thinking in connection with the vaccination policy.

The data should include the percentage of rural population as well as urban population vaccinated so far, the court ordered.

The bench, also comprising L Nageswara Rao and S Ravindra Bhat, said: “UoI (Union of India) 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."

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It gave two weeks' time to the Centre to file an affidavit with file notings.

The top court released its detailed order on the hearing conducted in a Suo Motu matter on May 31.

The court also said the Centre should bring on record an outline for how and when it seeks to vaccinate the remaining population.

The bench also sought complete data on the central government’s purchase history of all the Covid-19 vaccines till date (Covaxin, Covishield and Sputnik V).

"The data should clarify: (a) the dates of all procurement orders placed by the Central Government for all three vaccines; (b) the quantity of vaccines ordered as on each date; and (c) the projected date of supply," the court said.

The Centre, in its May 9 affidavit, said every state/UT government will provide vaccination free of cost to its population.

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“It is important that individual state/UT governments confirm/deny this position before this 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," the bench said.

The top court directed each of the state/UT governments to also file an affidavit within two weeks, clarifying their position and put on record their individual policies.

The SC asked the Centre to submit update on steps taken to ensure drug availability for mucormycosis.

The matter has been posted for further hearing on June 30.