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The second wave of the COVID-19 pandemic in India has further exposed the unpredictable nature of the coronavirus. From the rural to the urban, Hindu to Muslim – it spares no one. While the virus is identity-blind in its attack, the central government's plan to counter it is discriminatory on social and economic lines.
The Supreme Court called out this very discriminatory nature of the vaccination policy during its suo motu hearing on the COVID-19 crisis
What is it that makes this vaccination policy discriminatory, and why are the courts calling it out? What can the Central government do to make this policy compliant with the constitution? The answer lies in the court's observation itself.
As per the current policy, 50% of the vaccines manufactured in India are procured by the central government while the other 50% are left for state governments to directly negotiate and procure from manufacturers.
While the Centre’s share of vaccines will be focused on inoculating those who are 45 and above, the states are expected to procure vaccines to “accelerate immunisation” among the 18-44 age group.
The apex court expressed reservations about the rationale underlying this differentiated pricing and decentralised procurement by highlighting that the beneficiary of the vaccine, whether procured by the Centre or the states, is the same.
The vaccination policy makes two key assumptions in designing the framework for inoculation: Access to technology and monetary capacity to pay for vaccines at the market rate.
In order to register and book an appointment for vaccination, one has to access digital portals, such CoWin or Aarogya Setu app.
The problem is not just of the substantive digital divide in terms of the absence of computer devices and internet, but also the qualitative differences in accessing these devices and internet services.
The irregular availability of internet services across the country and limitations in the design and functioning of these apps make them exclusionary for the majority of the country that resides in rural areas, or lacks the financial resources, or have jobs that won’t allow them time or logistics to access the internet 24×7.
The Supreme Court highlighted adverse affects of this policy on the 18-44 age group.
In its affidavit, the central government informed the Supreme Court that decentralised procurement would spur competitive markets to incentivise production and eventually drive down the prices of vaccines.
At the outset, the court demanded a rationale for making such a claim. The court also asked the Centre to show whether it relied upon any study or figures when proposing this open-market model.
The court further said that vaccinations being provided to citizens constitute valuable public goods. Therefore, discrimination cannot be made between different classes of citizens solely on the ground that the central government’s immunisation drive only covered 45 and above. There is no basis for subjecting states, who are responsible for vaccinating the 18-44 age group, to pay a higher price for procuring the same vaccine from the same manufacturer.
It asked for centralised procurement and decentralised distribution.
To force the state governments to purchase vaccines at a commercial rate would pose a threat of excluding socio-economic minorities from the vaccination drive. The vaccination policy is blind to the fact that the 18-44 age group also comprises people who are Bahujans or belong to other underprivileged and marginalised groups who may not be able to pay.
The apex court recognised the exclusionary effect of the policy, and said:
Vqueeram, a researcher based in Delhi, was the first to point out how discriminatory policy to curb an indiscriminate virus raise serious questions about the political identities such policy creates - that of a citizen, patient, precariat, and consumer.
The scale and degree of the COVID-19 infection have exposed that the virus is indiscriminate in its attack; it is identity-neutral. However, whoever catches the virus, who recovers, who dies, and who will have access to the cure are issues where identity reigns supreme.
In the coming days, both the courts and the public need to ask certain questions: Who is impacted, to what degree, and most importantly, why?
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)
Published: 03 May 2021,01:24 PM IST