Read Time: 05 minutes

Students’ Federation of India (SFI) has moved an Intervention Application In Re: Distribution of Essential Supplies and Services During Pandemic.

The genesis of the present Suo Moto Writ Petition lies in the order dated April 22, 2021, wherein the Top Court flagged four issues;

1. Supply of Oxygen
2. Supply of Essential Drugs
3. Method and manner of vaccination
4. Declaration of Lockdown

More recently, A Division Bench of Justice DY Chandrachud and Justice MR Shah, constituted a twelve member panel to monitor oxygen distribution across the country.

Filed by Advocate Anindita Mitra and drawn by Advocate Supratik Sarkar, SFI Intervention points out imposition of GST on oxygen concentrators and the need of exemption;

“Central Government had imposed GST on import of oxygen concentrators at the rate of 28 percent. That the Ministry of Finance vide a notification No.30/2021 dated 1st May, 2021 reduced the rate for import of goods and service tax of oxygen concentrators for personal use to 12 percent…taking into consideration the National Disaster Management Plan, the Ministry of Finance, in the national interest, should exempt the import of oxygen concentrators for personal use from goods and service tax which will make the supply of oxygen more economical to the ordinary citizens of India.”

Power of the Central Government to grant compulsory licensing under the Patents Act, 1970, so as to ramp up manufacture and inoculation;

“… if the Provisions of section 92(3) of the Patent Act 1970 which enables the Controller to grant compulsory patent is provided, larger population of the country would be vaccinated at a faster pace which would help in controlling the spread of the pandemic…Central Government could make use of the infrastructure and manufacture the COVID vaccine at those facilities which would help in producing larger quantity of the same resulting in meeting the huge demands of vaccination.”

Lack of healthcare infrastructure which the Central Government was obliged to ensure from the first lockdown in March, 2020;

“A sudden lockdown was announced in the Month of March 2020 by the Central Government but the benefit of the lockdown was not utilized by the same in improving the health infrastructure or argumentation of vaccine production and setting up oxygen plant in spite of caution given by the public healthcare experts.”

It is further added that the Central Government, in order to bring parity, should provide free vaccination to all citizens, which would infact promote easy access to under privileged and the ones living below poverty line.