"How Can Less Privileged Especially Those Who Lost Job Because Of Lockdown Afford Vaccine At High Price?" Madras HC Asks Centre To Consider

Importantly, the Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy asked the Union of India to look into the matter of charging people for the Vaccines who are in the 18-45 age group, remarked.

"The Population between 18-45 have been left in the lurch. They are required to pay 400/ at Government Counters/Hospitals and 600/- at private counters, and since most of them would be from the middle-income groups, it would cause a huge burden on them. This matter must be looked into"

#COVIDVaccination: The Population between 18-45 have been left in the lurch. They are required to pay and since most of them would be from the middle-income groups, it will cause a huge burden on them. This matter must be looked into.: CJ

— Live Law (@LiveLawIndia) April 22, 2021

"The cost of COVID Vaccine at Govt counters is 400 and 650 from private counters. It would cause a huge burden on the middle-income groups. In view of the lockdown and present economic crisis, appropriate action be taken to take care of the people from the lower-income group," the Court further remarked.

In its order, the Court also noted,

"The Court has made an appeal to the Union to consider how the less-privileged and, particularly those who have been rendered without basic resources or jobs in the wake of the lockdown of last year, may be able to afford vaccination at such high cost. It is hoped that appropriate steps would be taken to take care of the lowest denominations."

Noting that the Executive had better inputs as to what is to be done to handle the COVID crisis, the Court indicated it doesn't want to enter into the exclusive executive domain, however, the reports of shortage of beds and other facilities have prompted Court to take up bookkeeping exercising

However, the High Court asked the state to make endeavors to allay the fears of the court regarding the state's preparedness, availability of beds, facilities even if there is a further spurt of COVID.

The state must make endeavours to allay the fears of the court regarding the state's preparedness, availability of beds, facilities even if there is a further spurt of COVID.: CJ

— Live Law (@LiveLawIndia) April 22, 2021

Court's proceedings

At the outset, the Bench referred to a The Hindu report on Remdesivir being diverted to private entities, the Court also noted that the report mentioned that there was a shortage in the supply of Oxygen and that the same was being diverted to other States.

#MadrasHighCourt begins hearing the suo motu case on reports of Remdesivir diversion & Oxygen supply. pic.twitter.com/GXAxXLTqDp

— Live Law (@LiveLawIndia) April 22, 2021

To this, appearing for the State Government, Advocate General submitted that the oxygen manufacturing capacity was sufficient and that there was no need to panic and that the State had a contingency plan even if the cases reach a peak.

To this, the Court also remarked that if the State Government had the capacity and the resources, then it should even help other states

Stressing that Court was not trying to add to the confusion, the Chief Justice led bench told the AG that it wanted Government to concentrate on basically four areas,

(a) Availability of Remdesivir

(b) Oxygen availability,

(c) Availability of Ventilators, and

(d) COVID-19 vaccine availability.

Chief Justice tells AG - We want that Government concentrates on basically four areas, (a) #REMDESIVIR, (b) Oxygen availability, (c) Ventilators, and #COVID-19 vaccine availability.

CJ also mentions that the Court was not trying to add to the confusion.

— Live Law (@LiveLawIndia) April 22, 2021

Noting that the state had over 80,000 active COVID-19 cases, the Court also took into account the State Government's submission that most of the active cases do not require any intervention or aggressive treatment.

Further, the State assured the court that sufficient beds were available in Government and private hospitals.

Importantly, observing that the counting of the votes (Assembly elections 2021) was to take place on May 2, the Court asked the State Government to put in place special measures (in consultation with the Election Commission) so that the counting doesn't act as the catalyst for the Spread of COVID-19.

Lastly, the Court asked that the empowered group of bureaucrats are put in place to deal with the situation.

The matter will now appear next on 26th April if it survives before the Court as the Court noted that the matter had been taken note of by the Supreme Court.

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