Plea In Calcutta High Court Seeks Scrapping Of Differential Pricing Policy Of COVID Vaccines, Universal Vaccination Like Pulse Polio Program

The plea, moved by a Doctor, Fuad Halim through Advocates Bikash Ranjan (Senior Advocate) and Samim Ahammed, states that the method adopted by the Central Government for vaccination would ultimately generate profit for vaccine manufacturer instead of ensuring public good by way of wide vaccination.

Averring that the Central Government has decided that Vaccine manufacturers would supply 50% of their monthly Central Drugs Laboratory (CDL) released doses to the Central Government and would be free to supply the remaining 50% doses to State Governments and in the open market the plea submits,

"The policy in effect will allow the Central Government assured of a quota of vaccines while leaving the States to compete in open market to obtain their shares of vaccines, particularly when persons between the ages of 18 - 45 would be able to obtain their vaccines either from the State Government and / or Private Health Care providers."

The plea further states that rather than ensuring equitable access to vaccines, the policy encourages unreasonable pricing of life-saving vaccine and thus, it is in violation of Article 14 and 21 is thus liable to be set aside.

Further, underlining that Serum Institute of India & Bharat Biotech have decided to make available the vaccine doses for Rs. 150/- per dose to the Government of India, the plea argues that there is no reason to charge high prices of Rs. 300/- (COVISHIELD) and Rs. 400/- (COVAXIN) from State Governments.

In this backdrop, the plea submits,

"It is thus manifestly arbitrary to force any State Government to purchase vaccines at a rate different from the one being paid by the Central Government by way of an executive fiat. The policy makes it beneficial for the Central Government to negotiate a lower price than the State Governments."

It has also been added in the plea that the decision to allow vaccine manufacturers to decide on the price of the vaccine amounts to encouraging and abetting unfair pricing.

The plea prays that interim order be passed directing the respondent authorities to supply vaccines to the State of West Bengal and all other vaccination centers at the same rate at which the same is being supplied to the Central Government.

Prayers in the plea

• Setting aside the decision relating to Liberalised and Accelerated Phase 3 Strategy of Covid-19 Vaccination in so far as it pertains to differential pricing of vaccines for the Central Government, State Governments and Private Health Care Provider
• Direction to the respondent authorities to exercise statutory power either by fixing the price of the vaccine at the same level and/or by issuing a compulsory license for the manufacture of the vaccine by other manufacturers
• Direct respondent authorities to distribute the vaccine amongst all economically backward persons so that no person is left out either through the government Hospital or though private hospital or any other suitable mode. 1
• Direction too the respondent authorities to prepare a Universal Vaccination Program on the lines of Pulse Polio Program for COVID - 19 and conduct door to door vaccination or vaccination camps at various localities on a regular basis.
• Direction to the respondent authorities to make immediate arrangement to increase the number of beds in hospitals along with other required instruments and medicines so that none of the covid affected people is left without treatment.
• Direction to the respondent authorities to further ensure proper and uninterrupted oxygen supply.
• Interim order to the State of West Bengal authorities to purchase vaccines from the respondent vaccine manufacturers at the same price at which the same was being supplied to the Central Government as on April 19, 2021.