Covid vaccine makers must sell doses at uniform rate: PIL

Three law students and a lawyer have moved a petition in the Bombay high court (HC) on Wednesday seeking directions to Covid vaccine makers to sell the doses at a uniform rate

Three law students and a lawyer have moved a petition in the Bombay high court (HC) on Wednesday seeking directions to Covid vaccine makers to sell the doses at a uniform rate. The petition was prompted after a vaccine manufacturer disclosed the differential pricing in vaccines for Centre, state and private hospitals. The petition alleges that Pharma giants are milking the fear psychosis of increased death rates due to COVID-19 disease and hence sought directions to the Central government to acquire the entire manufactured stock of vaccines and apply a uniform price.

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The petition filed by lawyer Fayzan Khan and others through advocate Vivek Shukla has alleged that the pharmaceutical companies are engaged in organised loot and the high court should intervene to protect the fundamental right to equality and life under the Constitution are not left to the mercy of pharmaceutical companies and to safeguard national public health.

The plea while referring to prices declared by Serum Institute of India (SII) and Bharat Biotech for central, state government and private hospitals say that they are aggrieved as charges of ‘Covishield’ vaccine quoted and published by SII as ₹150 per dose for Central government, ₹400 per dose for states and ₹600 for private hospitals. The PIL also states that the Covaxin price by Bharat Biotech, of ₹600 vaccine price for state governments and ₹1,200 for private hospitals was unreasonable and discriminatory.

The plea also challenges the permission granted by the centre to these vaccine manufacturers to commercially exploit the same by having a huge price difference. “This is unreasonable, illogical, amounts to blackmailing the citizens who badly need this vaccine,” the petition states. The petitioner further state that they are aggrieved over the “unreasonable and discriminatory” charges levied on vaccines meant to be sold for states and private hospitals.

The advocates have contended that 100% vaccination of the citizens is the only ray of hope to combat the present pandemic and as the National Disaster Management Act empowers the Central government to fix the costs of vaccines, it should act accordingly rather than leaving it in the hands of greedy management of SII and black-marketers.

The PIL alleged that the cost difference will create discrimination in terms of BJP-led state governments being supplied the vaccine by the Central government and the non-BJP ruling states will be forced to purchase vaccine at a higher rate from the SII.

“This cannot be permitted in a pandemic-like situation of Corona pandemic. This is jeopardizing the national security, safety and integrity with which no private entity can be permitted to play,” the plea read.

The PIL also stated that leaving state governments at the mercy of vaccine producing companies would amount to leaving the health of citizens to the “vagaries of the open market” competition during a pandemic.

“Such kind of inter-state competition would only yield disaster. This would amount to playing with the health of the citizen to benefit the private players.”

It added that asking the state Governments to compete in the “open market” for vaccine procurement with the Central Government and private hospitals is unreasonable. “The Central Government is keeping an assured quota for itself. This conduct is arbitrary, discriminatory and does not fit into the definition of the welfare state’s policy.

The PIL is likely to be mentioned before HC this week.