BY- MONALISA MUKHERJEE
This article deals with the recent concern of price discrimination of Covidshield vaccines in the Centre & the States. With a surge in the number of covid cases in India, it has become important more than ever to implement a ‘National Immunization Programme’ and give vaccines to everyone free of cost. Revolving around this issue, this article further deals with the discrimination in prices given the private hospitals in can sell the vaccine at a higher cost than the Centre & States and how it is a major hindrance to the whole process of eradicating the virus from the whole nation.
WHAT IS THE CONCERN?
COVISHIELD is manufactured by the “Serum Institute of India (SII)”1. With the advent in the number of covid cases coupled with the hike in vaccine prices, humans are seen to have been dealing with two pandemics in India. This differential pricing has invited shrewd criticism from people all over the coutry.
India is a developing country, with the ration of poor people to rich is higher on former, with healthcare expenses being the least important priority given that major part of the pandemic went by creating the basic awareness of “social distancing” & to “wear a mask”; and therefore a rise or rather an unnatural price differentiation between the centre & states and the private hospitals has led to a sticky situation.
The Hon’ble SC in various suo moto cases have asked the government to look into this concern and to start a “National Immunization Scheme” since it is impossible for those who earn wages per day less than the price of vaccine to get immunized and also because it is mandatory for the people between the age group of 18-45 to get registered on the website first; considering all the basic issues which still prevail, the court had come up with the suggestion to provide vaccine to everyone free of cost- but as we know it isn’t the scenario. Though a few states like Andhra Pradesh, Telangana, Chattisgarh and Kerala have stated that they will be providing vaccine to everyone free of cost.
Another concern which arises is for those who cannot genuinely afford the vaccine, will not be able to get vaccinated and priority will be given those who can get it from the private hospitals at a higher price- thus defeating the whole purpose of eradicating the virus from the whole country!
DIFFERENTIAL PRICING
The Hon’ble SC in one of the suo moto cases of Covid-19 said that, “it’s very very disturbing” referring to the differential pricing of vaccine for the private hospitals compared to the pricing given to the Centre & States.
The current pricing charged by the Serum Institute of India, manufacturer of the ‘Covid-shield’ vaccine are:
CENTRE & STATES
INR 300/-
PRIVATE HOSPITALS
INR 600/-
As rightly stated by the SC that the private manufacturers cannot be left to decide which state should get how much quantity of vaccines. This will lead to one state getting more vaccinated than the other leading to an unequal distribution of vaccines and depriving the poor people of their basic right to live a healthy life.
It must be the duty of the government buy the vaccines and distribute it free of cost during these crucial times- ‘when money should be the least important thing’, but ironically even after a major unemployment rise, money is something which people are hoping to have more than a healthy life to live since the former will be the only way to live.
Until April 30, 100% of the vaccines produced will be routed through the Centre to its own vaccination centres, state government hospitals and private hospitals. From May 1, 50% of the vaccines made by a manufacturer will go to the Centre, while the other 50% will be for state governments, private hospitals and the open market.
At private hospitals, people who were 45 and above could get either vaccine for Rs.250. This is because the Centre had capped the price of vaccines at Rs.250 and thus no hospital could charge people more than that.
IMPLICATIONS DUE TO DIFFERENTIAL PRICING
With a sudden hike at the prices of the covidshield vaccine, especially with a differential pricing has led an obvious outburst in the citizens of this country.
After the announcement of extending the vaccination drive from the age group of 18-45 years (earlier started only for those >45 years) the prices had been rised to Rs.400 (which later was priced down to Rs.300) for the centre & states; and Rs.600 for the private hospitals, which has several underlying implications which has been failed to be considered while deciding such high prices:
• Firstly, stating with the obvious, times when there would be a shortage of vaccines at government hospitals people would be left with the only option of rushing to private hospitals and end up paying higher price;
• Secondly, the ones who are able to afford the vaccines at higher prices will have an edge and the balance of convenience is inclined towards such people, leading to the poorer one to remain in-immune to the virus- thus defeating the whole purpose of curbing out the virus from the whole country;
• Thirdly, getting vaccinated for a virus which has such serious implications and has the whole world into a global pandemic, needs to have a proper execution and most certainly must be provided to every individual otherwise it is indirectly depriving such people of their basic fundamental ‘Right to Life’;
• Lastly, this differential pricing has not been founded on the basis of any intelligible differentia and is per se not only discriminatory but also arbitrary use of the powers vested in the hands of the manufacturer.
FUNDAMENTAL RIGHT BEING DENIED
As mentioned earlier, and also argued by several lawyers in front of the Hon’ble SC, not implementing a national immunization policy supplementing with a differential pricing of vaccine doses is prima facie depriving people of their ‘Fundamental Right to Live’3.
“The West Bengal government moved the Supreme Court on May 7, 2021, to seek a cap on differential vaccine pricing and to direct the Centre to fix a uniform rate. The state asked for free vaccines to be given under a universal campaign. West Bengal, in a prayer, as part of an affidavit filed by the state in the suo motu case taken up by the SC on COVID asked for the Centre to seek the advice of the National Pharmaceutical Pricing Authority on the vaccine policy. Pointing out that the costs of the two vaccines, Covaxin and Covidshield are different and likely to double, the state, as per the report, said in its affidavit.”
The State has further sought directions to the Centre to take immediate steps for compulsorily licensing the vaccines and expand vaccine production through the
18 manufacturing companies in India to boost vaccine availability at an administered price.
“The COVID-19 vaccination policy must be underpinned by the principle that we are as strong as our weakest link; a single person deprived of vaccination would be to the collective detriment of a large section of society; any immunization policy must pass the muster of Part III of the Constitution of India and must be in furtherance of a person’s fundamental right to health enshrined under Article 21 of the Constitution.” The affidavit has said.
A SUGGESTIVE APPROACH
Considering the density of the situation, the only feasible option would be for the government to take charge of the vaccines. It’s a pandemic, and it is the duty of the government to make sure every situation of this country is safe from this deadly virus; otherwise depriving anyone left the right to live!
Implementing a national immunization scheme would be a suggestive approach and every citizen irrespective of whether it may or may not be able to afford the vaccine, or as a matter of that fact, get themselves registered via the website- shall get vaccinated.
The government must take cognizance of the matter and also try to break the monopoly of supplying vaccines, as the manufacturers of a vaccine cannot be given a discretionary power to decide prices of a vaccine which is required by the whole mass in the country.
Those between the ages of 18 years and 44 years are expected to pay for the vaccines, as they are not considered part of the country’s priority groups of vulnerable citizens under the government’s ongoing vaccination programme. Since the Centre will provide free vaccinations only to persons above 45, it would have been better if the state governments provided free vaccinations to all younger adults from low-income families, migrant workers, and many such other reasons.
It shouldn’t be ‘One Nation Two prices’ instead ‘One Nation One Price’.
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The Independent Pioneer 