HC Notice To Centre, Raj On Different Vaccine Prices

Jodhpur, 8 May 2021:

Rajasthan High Court has sought reply from the Centre on variable price structure of vaccines for Central and state governments and private hospitals.

Hearing a PIL by Manish Bhunwal challenging the vaccine price differentiation proposed by the Central government and mismanagement of state government in dealing with Covid crisis, a division bench of Chief Justice Indrajit Mahanty and Justice Vinit Kumar Mathur issued notices to both the governments seeking reply by May 24.

Petitioner’s counsel Nitish Bagri argued that the vaccine to be provided at different prices to the Union of India, states and private hospitals was against the statutory provisions of the law and was also in violation to the fundamental rights as well as constitutional rights of the citizens.

The Drug (Price Control) Order 2013, National Pharmaceutical Pricing Policy 2012, National Health Policy 2017 and Drug & Cosmetics Act 1940, do not provide for different pricing schemes for Centre and state,” Bagri argued.

He further stated that the formula to derive Maximum Retail Price (MRP) was unified and only local taxes could be charged extra by the state as per their tax provisions.

The petitioner also raised the issue of non-availability of oxygen beds, ICU-equipped oxygen beds and shortage of oxygen and medical supplies comprising consumable medicines and injections, which are essentially life-saving drugs in the current times, in the PIL.

Terming it to be a gross mismanagement by the state government in dealing with Covid crisis, the petitioner stated that the Rajasthan government, in a notification issued on April 30, had stated that 95% of the hospitals were full while the current infection rate was hovering around 21%.

Bagri argued that while the former issue has direct bearing on the financial aspect causing burden on states and general public for procuring vaccine, the latter pertained to non-implementation of provisions of Disaster Management Act, 2005, wherein there is violation of Section 11 – National Plan by the Union government and violation of Section 23 – State Plan by the state government. The Times Of India