E-Paper
Can’t go abroad with Covaxin, allow revaccination, said plea in SC. Declined
The petitioner told the Supreme Court that his aged parents, who were given Covaxin jabs, are treated as ‘un-vaccinated individuals’ by foreign countries since the vaccine hasn’t received WHO’s emergency use approval.
NEW DELHI: The Supreme Court on Friday said that it cannot play with the lives of people by directing persons who have received both doses of Covaxin to get re-vaccinated with Covishield pending the decision of the World Health Organization (WHO) to grant emergency use approval to the Indian-made vaccine.
The wait for WHO decision on Covaxin has stalled travel plans of persons who were fully vaccinated with Covaxin.
Representing their cause, a public interest litigation (PIL) filed by lawyer Kartik Seth said, “All the individuals fully vaccinated with Covaxin are being treated by all major countries as un-vaccinated individuals and are made to either quarantine or are not completely allowed within their borders.”
Seth wished to take his aged parents to the United Kingdom but could not do so for this reason. He urged the court to pass an order allowing their revaccination with Covishield, which has received WHO approval in February this year. “Under the present scenario, a person is not permitted to get vaccinated with Covishield by registering on the official website of Government of India, “CoWIN” after having been fully vaccinated with Covaxin,” the petition said, seeking an order from the top court.
“We cannot play with the lives of people,” said a bench of justices Dhananjaya Y Chandrachud and BV Nagarathna as it asked the petitioner to await WHO’s decision. “How can we direct that those who had full doses of Covaxin should get Covishield. This involves scientific data.”
The petitioner pointed to the delay faced by Covaxin in getting WHO approval and sought details on the material supplied by the vaccine manufacturer Bharat Biotech Limited to WHO. “How are you entitled to the data supplied by WHO,” the bench shot back, wondering if the petitioner was pursuing the cause of a rival vaccine manufacturer.
“This is the reason we do not want to entertain such petitions. This is the danger that competitors can use this court to fight their battle,” the bench observed. Seth told the court that his interest was purely in the public interest as several students and professionals were unable to travel despite being fully vaccinated.
The bench said, “Let us keep a watch on what is happening. We have read in the newspapers that Bharat Biotech has lately submitted additional documents to the WHO. If the authorization comes, your purpose will be served.” The court posted the matter after a week.
According to the petitioner, till August, 70 million Covaxin doses were administered in the country ever since the vaccination process commenced in the country on January 16. The petition asked why the Drugs Controller General of India (DCGI) gave emergency use authorization to Covaxin at a time when its Phase-3 trial results were awaited. It came in only in July.
“The respondents (Centre), at the time of rolling out of Covaxin for use in the market, failed to make the public aware that it was not approved by WHO and that it has not even submitted an application before WHO for approval which was submitted as late as in April 2021…. Another blemish in the vaccination drive was that only from May 1, (commencement of third phase of vaccination in India) that the public was allowed to choose the vaccine as per their wish,” the petition stated.
