Madhya Pradesh High Court: As the nation is crippled with rising COVID-19 cases and shortage of vaccines, an important PIL has been filed before the High Court seeking direction to the Madhya Pradesh Government to initiate the exercise of inviting global tender for the procurement of fixed lot of vaccines for immunizing the entire lot of its residents through a State-level immunization programme.
The petition filed by Sunil Gupta, an elected Member of the State Bar Council, Madhya Pradesh, highlighted that already, a number of States have initiated steps in this regard and have either already floated global tender for the said process or are in the process of issuing one.
In the State of Madhya Pradesh, the population which is required to be vaccinated of the 18+ category is roughly about 5.49 crores.
Here’s the breakdown the statistics:
| Total population in Madhya Pradesh | 8,40,40,000
|
| Total vaccinated population
(as on 13th May, 2021) |
90,33,231 |
| Total people vaccinated in the 18-45 age group
(as on 13th May, 2021) |
8,08,762 |
| Percentage of population vaccinated in M.P
(as on 13th May, 2021) |
10.74% |
Apart from various problems that are arising to ensure vaccination, the petition also highlights the issue of profiteering by the private hospitals and
medical practitioners, with private hospitals charging Rs. 1500 to Rs. 2000 per dose per person.The bigger the brand, the higher the rate of the very same dose of vaccine inoculated to the same category of patient by the private service providers.
“Where on one hand, the State Government is not able to ensure speedier and widespread vaccination due to availability of doses, on the other hand, private entities across the country are able to squeeze a lion’s share in the pie by getting the doses and vaccinating the people at much higher rates than that on which the Central Government is procuring, i.e., at the rate of Rs. 150 per dose per person.”
The petition argues that if the State purchases a bulk lot of vaccines by placing a direct purchase order without any interference by the Central Government through a direct tender process, as has been done with many other categories of drugs in normal course, then the problem shall be resolved.
The Global Tender floated by the Uttar Pradesh Medical Supplies Corporation limited for procurement of vaccines for Covid-19 also finds mention in the petition and is termed as “a role model in itself to be emulated and adopted by all the States of the country.”
Under the Uttar Pradesh’s Global Tender, the time period within which the entire contracted dose of vaccine is to be supplied by the concerned successful bidder to the State (which is two to three months period). Thereafter the entire lot of vaccine is in control and ownership of the State Government, which thereafter fixes the cap at which the concerned vaccination dose is to be sold on the field by the concerned authorized sellers. Thus, the State essentially becomes the “umbrella authority” in control and regulation of the entire lot of vaccines deciding how to get the citizens inoculated timely and without administrative delay and day to day bottlenecks.
States of Odisha, Karnataka, Maharashtra, Andhra Pradesh, Telangana, Delhi have taken the in-principle decision of floating Global e-tenders for purchase of vaccines towards ramping up the process of immunization drive at the State level.
Therefore, to ensure availability of a fixed confirmed cartel of vaccine with the State government for implementing a time bound immunization program in the State, it is necessary that some concrete steps must be taken.
The petitioner submits that inviting vaccines at a global level from international players will also evoke interest by the international companies for orienting their resources towards supplying their developed drugs in India (after statutory approvals) and also meet the acute shortage and availability issues of the vaccines being faced by various States including the State of Madhya Pradesh.
It is further submitted that involving multiple players in the field will also enable the State Governments to go for the best choice as also negotiate and develop bargaining power with the international players as also domestic companies for the supply of vaccines for immunizing its residents.
On the issue of price fixation, the petition states that the State must not only float the tender and call for the vaccine, but must also ensure that the vaccines are administered to each and every citizen at the fixed capped price both by the private as well as government players on which the State is undertaking procurement. This will eliminate any prospects of profiteering, hoarding and black marketing of the vaccine, procured through the Global e-tender by the State government.
If the State takes over the responsibility of inviting a global tender and undertakes to procure the entire lot for its unvaccinated (around 85%) population, then the said exercise would be completed within a period of 3-4 months conveniently without much of involvement of the private sector, eliminating the possibilities of the poor or the have-not section of the society been deprived of timely vaccination owing to lack of financial resources with him.
“Immunization at the State level is a concept which is not new and is being undertaken with respect to multiple other ailments like tuberculosis, polio, measles, etc diseases which have been a cause of pandemic in the past. Therefore, the State can very well step into the shoes of a parent for its citizens and undertake the said exercise of undertaking global tender for the procurement of vaccines in one go.”
Petitioner’s counsel: Advocate Siddharth R. Gupta
