Karnataka HC asks state, Centre to clarify stand on distribution of COVID vaccine by next week

Irked by reports that private players could procure more vaccines than their designated share while government centres faced shortage, Karnataka High Court on Thursday asked the Centre and the state government to clarify their stand on the equitable procurement and distribution of COVID-19 vaccine doses.

The court noted that according to the Centre's vaccination policy, the Union Government will supply 50 percent of vaccine doses to state government, which will be used for free vaccination. State governments can directly procure 25 percent vaccine doses from manufacturers, which again is meant for free dissemination, while the remaining 25 percent can be bought by private hospitals and can be made available at a cost to citizens who are willing to bear that.

The court observed that private hospitals in the state seemed to have exceeded their 25 percent vaccine dose quota. "As of today the private players have exceed only by 18,000 doses. The real issue will arise if private players exceed by 25 percent by fairly large amount of doses," LiveLaw quotes the court as saying.

The court gave an example that a beneficiary who has taken the first dose of Covishiled and who has completed 12-weeks may not immediately get a second dose from a government establishment but if he goes to a private establishment he may get a second dose of vaccine.

The court asked the state and the central government to view the situation in the context of Article 14, which guarantees equal treatment of all citizens in the eyes of law.

The court took note of the Private Hospitals and Nursing Homes' Association's (PHANA) submission that the state government had issued only an advisory and not directions and that private health care facilities would have to use Covaxin for first dose in case of registrations. On the other hand, the court noted that the state government has stopped giving the first dose of Covaxin to any person in any age category.

According to reports, Karnataka is facing a shortage of COVID-19 vaccines. Times of India reported that the state government on Monday said it would relaunch inoculation drive for those in 18-44 age group from 1 June and till then vaccination in the age bracket will be limited to frontline workers and priority groups.

According to news agency ANI, a notification from the director of the National Health Mission said the Covishield vaccination is for those above 45 years. The first dose of Covaxin is presently not being given to people above 45 years, the state government had said.

Even as government struggled to reload stock, private hospitals had managed to procure stocks from manufacturers, reports had said.

Out of the total quota, the first dose of Covaxin cannot be given to any age group or category in state and in the age group of 18 to 44 years, first dose can be administered only to front line beneficiaries, the court noted.

HC: Scenario which emerges today is that out of total quota. First dose of Covaxin cannot be given to any age group or category in state. Second as position stands in age group of 18 to 44 years first dose can be administered only to front line beneficiaries groups

— Live Law (@LiveLawIndia) May 27, 2021

"On one hand, persons who belong to 18 year and above and visit state establishments are not getting vaccine unless they are front line workers. Those who have taken first dose from government establishments will have to wait for second dose. In private establishment, he individuals) may immediately get vaccines without waiting",Bar&Bench quotes the court as saying.

The court said it was necessary for the state and Centre to take note of this issue in the context of Article 14 of the Constitution and directed both the governments to make statement on the aspect on issuing directions to private establishment using 25 percent vaccine dose quota.

Noting that vaccination is the most effective way of stemming the spread of the coronavirus infection, the HC on Thursday also directed the state government to come up with a plan on COVID-19 vaccination for the 18-144 age group, those above 45 years of age and for frontline workers, reports LiveLaw. The court asked the state government to make clear its stand by next week.

It also directed the state government to come out with an action plan for administering the vaccine to persons with benchmark disability who may not be able to come to vaccination centres.

The court also said that the state must come out with a policy to ensure that entitled to vaccination (priority or otherwise) are not prevented from taking vaccine only because of not registering. ​