Students Federation Of India(SFI) Moves Supreme Court Seeking Free COVID Vaccination For All, GST Waiver On Oxygen Concentrators

The Federation, through an application has sought direction Central Government and it's agencies to provide compulsory licenses as per the Patents Act, 1970 and exempt the goods and service tax on the import of Oxygen concentrators imported for personal use.

The student's organisation has sought intervention in the suo moto case regarding distribution of essential supplies and services during the pandemic, which is pending before the top Court.

The intervention application has been filed by SFI before the top Court emphasising on the need to be impleaded as intervenor in the as they are affected by the unjust and arbitrary actions of the Central Government.

The applicant has urged the Central Government to carry out policy for universal vaccination to each and every citizen of India at free of cost which will safeguard the productive work force of this nation.

According to the applicant, free vaccination by Centre would help large population including the poorer sections of the society get vaccinated and also help in improving the herd immunity amongst the citizens.

Taking note of the Finance Ministry's recent decision to reduce rate for import of goods and service tax of oxygen concentrators for personal use, the Federation has stated that GST should be waived off for the general public, as the same could be used / purchased at affordable prices for medical use.

"Taking into consideration of the National Disaster Management Plan, the Ministry of Finance, in the national interest should exempt the import of oxygen concentrators for personal use from goods and service tax which will make the supply of oxygen more economical to the ordinary citizens of India." the application has stated

According to the intervening applicant, several government controlled pharmaceutical factories are in operation in India and the Centre could thereby make use of the infrastructure and manufacture the covid vaccine at those facilities. This would help in producing larger quantity of the same resulting in meeting the huge demands of vaccination.

Therefore SFI has stated that to bring parity and to achieve the motive of universal mass vaccination , Centre should provide free vaccination to all the citizens , which would result in easy access to vaccines to the people living below poverty lines.

Citing Section 92(3) and Section 100 of the Patents Act, 1970, which deal with powers of Controller of Patents and the Central government respectively, the application has stated that the intent and scope of these provision probably that there is no bar on the Government utilizing a provision of law to ensure healthcare access to the people residing in India.

Further, it has stated that if provisions of section 92(3) of the Patent Act 1970 which enables the Controller to grant compulsory patent is provided, larger population of the country would be vaccinated at a faster pace which would help in controlling the spread of the pandemic .

The applications for both intervention and directions has been filed by Advocate Anindita Mitra and drawn by Advocate Supratik Sarkar.

The application for directions has sought the following Directions from the Court:

· Direct the Union Of India to lay down an universal mass vaccination policy and provide the same to the citizens at free of cost

· Direct the central government to provide compulsory licenses under the relevant provisions of the Patent Act,1970, which will benefit vaccinating the citizens ;

· Direct the Union of India and its agencies to exempt the import of oxygen concentrators for personal use from Goods and Service tax ;