West Bengal asks Supreme Court to set aside differential pricing of Covid-19 vaccine

The West Bengal government has asked the Supreme Court to set aside the Centre's differential pricing policy for Covid-19 vaccines, saying it was ex-facie detrimental to its interest and will result in an inequitable distribution across the country.

It also asked the top court to disband the “Liberalised and Accelerated Phase 3 Strategy of Covid-19 Vaccination” policy and tell the Centre to adopt and implement a uniform policy of procuring 100 per cent doses from vaccine manufacturers which can be equitably distributed to the States and Union Territories for free.

The price for Covid-19 vaccines should be capped at a uniform Rs 150 per dose, it maintained while asking the court to direct the Centre to provide firm dates by when 70 per cent and 100 per cent of India’s population will be vaccinated.

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"Figures of Rs 400 (now Rs 300) and Rs 600, for Covishield and Covaxin, respectively, is completely opaque and in fact higher than the cost per dose for vaccines across the world,” it said.

“Profiteering at the time of a pandemic is something the SC ought not to countenance,” it said, adding vaccines must be considered as a “public good” and therefore should be free of cost for the public at the time of an unprecedented crisis and cannot be reduced to a market commodity.

Two vaccine producers Serum Institute and Bharat Biotech should be asked to explain the rationale and methodology for arriving at the current prices payable by the states, it said.

As on April 28, a total of 1,04,38,235 doses of Covid-19 vaccines have been administered in West Bengal.

The Mamata Banerjee government also asked the court to consider directing the Union Government to take immediate steps for compulsorily licensing the vaccines under Section 92 of the Indian Patents Act, 1970, and expand the production through 18 manufacturing companies in India, thereby boosting availability and ensuring drugs at affordable costs.

In an affidavit, the state government also pointed out with the expected increase in oxygen demand in coming weeks, the current rate of diversion of Liquid Medical Oxygen (LMO) outside West Bengal will adversely impact the medical treatment of Covid-19 there.

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It suggested that Health Secretaries of States should be consulted twice a day to ensure the availability of real-time information on oxygen demand and availability.

"Court may, as a long term measure, consider directing the Union government to adopt the technical specifications and guidance on oxygen sources and distribution strategies prepared by the WHO on April 4 in its medical oxygen distribution national plan," it said.