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SC notes, govt's vaccination policy is 'prima facie arbitrary & irrational'

NEW DELHI: The Supreme Court has slammed the government's COVID-19 vaccination policy and termed non-extension of free vaccination to the 18-44 age group as "prima facie arbitrary and irrational" and raised the question as to why the budgetary allocation of Rs 35,000 crore cannot be utilised for this group.

A bench of Justices D Y Chandrachud, L N Rao and S R Bhat has also directed the Union of India (UoI) to undertake a fresh review of its vaccination policy addressing the concerns raised. 

In its order of May 31, uploaded on the SC site today, the court has said, "The Union Budget for Financial Year 2021-2022 had earmarked Rs 35,000 crore for procuring vaccines. In light of the Liberalized Vaccination Policy, 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.'

Noting the government's reply that states and Union Territories (UTs) will be providing vaccination free of cost to its population, the apex court said it is important that individual states and UTs may 'confirm or deny' this position before this Court. In this regard, the SC has directed each of the state and UT governments to also file an affidavit within 2 weeks, where they shall clarify their position and put on record their individual policies.

The court also noted, "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."

On the submission provided by Solicitor General of India, Tushar Mehta, that the government had targeted to vaccinate all above 18 years, an estimated population of 94 crore by the end of the year, the bench has asked the centre to clarify its stand on the roadmap of the projected availability of vaccines till 31 December 2021, the preparedness with respect to specific needs of children in the event of a third wave of the pandemic in terms of medical infrastructure, vaccination trials and regulatory approval, and compatible drugs.

Apart from seeking 'complete data' of the Centre's purchase history of all COVID-19 vaccines, namely Covaxin, Covishield and Sputnik V till date, the court has also asked the data on the percentage of the population that has been vaccinated (with one dose and both doses), as against eligible persons in the first three phases of the vaccination drive till date.

"This shall include data pertaining to the percentage of the rural population as well as the percentage of the urban population so vaccinated,' it said asking the Centre to furnish each and every detail sought," the court noted in its order.

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