'One Nation, One Price': Rajasthan High Court Issues Notice To Centre, State On Plea Against Differential Pricing Of Covid Vaccine

A Division Bench comprising of Chief Justice Indrajit Mahanty and Justice Vinit Kumar Mathur has fixed the case for hearing on May 24.

The petition has been filed by Advocate Manish Bhunwal stating that price variation in procurement of vaccine by the Centre, States and private hospitals is violative of fundamental right to life guaranteed under Article 21 of the Constitution.

It also stated to be violative of the following laws:

The Drugs & Cosmetics Act, 1940 was enacted and amended from time to time to regulate the import, manufacture, distribution and sale of drugs and cosmetics;

Under the National Pharmaceuticals Pricing Policy, 2012, the Government is required to provide essential medicines at reasonable prices to all and therefore no law provides authority to price the medicine differently in the country;

Pricing of drug is governed by the Drugs (Price Control) Order, 2013 wherein the formulae to determine the whole sale and retail price of drug is provided. The same does not provide for rate differentiation for procurement by State & Union.

Reference is also made to the case of Union of India v. KS Gopinath & Ors., whereby the Supreme Court emphasized the need to 'consider & formulate appropriate criteria for ensuring essential and life saving drugs do not fall out of price control….'

The plea suggests that since Covid-19 vaccine is a life saving drug, it should be included in the National List of Essential Medicines that was prepared in the year 2016, in order keep a check on the price of Stents used for angioplasty.

The second issue raised in the PIL pertains to mismanagement of COVID related medical supplies, oxygen and hospital beds across the State of Rajasthan.

The Petitioner seeks constitution of a High Level Committee headed by a Retired High Court Judge to oversee the working of Union & State in relation to medical supplies and oxygen.

It is further urged that directions be issued to the concerned authorities to:

• allocate and allot medical supplies and Oxygen in correlation with the active cases in the State and directions;
• ensure uninterrupted availability of medical supplies & oxygen to the State of Rajasthan;
• ensure logistic support through Railway & Special Corridor of Roads;
• form SIT at State & District level to take necessary actions against the black marketers and hoarders of medical supplies and oxygen.

Case Title: Manish Bhunwal v. Union of India & Ors.

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