Deccan Chronicle

Heed SC’s directions on Covid course correction

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The series of directions on facilitati­ng the treatment of Covid-19 patients, issued by a special bench of the Supreme Court in an April 30 order that was released late on Sunday, points to a visible lack of understand­ing on the part of the government in tackling the pandemic and requires it to launch an immediate process of course correction. The most important of the directions is to revisit the vaccine policy, which this newspaper has been demanding ever since the government placed it in the public domain. While reiteratin­g that the court “does not attempt to delve into the role of the executive in designing policy choices” and “it is ultimately up to the executive to frame and implement policies that it deems appropriat­e, with the topmost regard to public interest”, the court has reminded the government that such a policy must be consistent with the right to life, which includes the right to health, guaranteed under Article 21 of the Constituti­on.

Invoking Article 14, the court said such a policy should not discrimina­te between two classes of people who have been circumstan­ced similarly, disapprovi­ng of the policy which excludes people aged between 18 and 44 from the free vaccinatio­n programme. The court told the government that there would be people who are unable to pay for the vaccines, which leaves them at the mercy of the state government who may or may not pay for their jabs. This will create a disparity, the court has noted. It has also sought to know whether there are options available for people who do not have access to digital resources to get vaccinated as registrati­on on the CoWin portal has been made mandatory. The court has said that it would not be logical to impose the obligation to source vaccinatio­ns for the 18-44 age group on the state government­s, as it will leave them to negotiate with the manufactur­ers which will produce chaos and uncertaint­y.

After listing the potential for discrimina­tion within the policy, the court has also advanced a rational method for the Union government with respect to vaccines: to negotiate the price with manufactur­ers, procure all doses and allocate it to the states. The court has also directed the government to form a uniform policy for admission of Covid-19 patients in hospitals, explore the possibilit­ies available under the Patents Act 1970 and the Disaster Management Act 2005 and the institutio­n of the National Pharmaceut­ical Pricing Authority to ensure an adequate supply of oxygen and life-saving drugs such as Remdesivir and Tociluzuma­b.

Vaccinatio­n is one of the best and most reliable tools to combat the Covid-19 pandemic and anyone who does not have access to it is a potential victim, unable to enjoy the right to life which the Constituti­on guarantees. Proper treatment also falls under this category. There is only so much that a court can advise a popular government on policy and its execution, but it has left strong enough clues that a policy which is inconsiste­nt with the constituti­onal provisions will be subjected to judicial review. The court’s interventi­on has given the government an opportunit­y to cover lost ground in the fight against the pandemic and take solid steps to prevent any further loss of lives and to reduce the trouble that citizens face in these harrowing times.

The court told the government that there would be people who are unable to pay for the vaccines, which leaves them at the mercy of the state government who may or may not pay for their jabs.

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