[COVID-19] State did not reserve 70% COVID vaccine for second dose: Karnataka High Court asks Govt to "come clean" on vaccine availability

The Karnataka High Court on Thursday berated the State and Central government for the unsatisfactory handling the COVID-19 vaccination drive, particularly the omission to give the second dose of vaccines to those who had received the first dose. .A Bench of Chief Justice AS Oka and Justice Aravind Kumar said that the State should clean on the issue and disclose to the public about the availability of vaccines."You must come clean before the members of the public. Come with the truth. Some people are going to vaccination centres and coming back. You need to set a priority on who will get vaccines now. Your ministers and others should tell the truth to people. Tell the truth to the public, don't make any inconsistent statements to the public," the Bench remarked.Towards this end, the Court suggested that such data be published online."Put up the data of available vaccines on some website," the Court said..The Bench further remarked that while the State has a population of over 6 crore people, only 22 lakh have received both does of COVID-19 vaccine..The Central government told the Court that it had asked States to reserve 70 percent of vaccines received for the second dose. ."Why has Karnataka violated all the guidelines? There is a serious lapse on your part. Why have you not reserved 70% doses for second dose? If you had done that, we would not have this problem now," the Court told the State. .The Court pointed out that if the second dose of vaccine is not given on time, it will be a "huge national waste". .The Court went on to observe that a failure to give a timely second COVID-19 vaccine dose would constitute a violation of fundamental rights under Article 21 (right to life, which includes right to health) of the Constitution. ."It is the obligation of the government to ensure a second dose is provided … If the second dose is not provided, it will be a violation of the fundamental rights of citizens under Article 21 ... If those who are administered the first dose are not administered the second dose as per the timelines prevailing today, apart from a violation of fundamental rights of the citizens under Article 21 of the Constitution, if they are required to take the first dose again, it will be a huge national waste of the first dose", the order stated..The Bench further raised concern that considering the availability of vaccines, more than 8 lakh citizens will not get the second dose.."Taking the figure of the State as correct, even if the State government receives more than 40 lakh doses in the second quarter of May, it will not be able to cater to need of all those who have taken the first dose", the Court observed. .The Bench asked the Centre about the time period within which the second dose should be administered. "If someone takes a second dose of covaxin after 4 weeks and covishield, after 8 weeks, what will happen? Is it not the right of a person under Article 21 to get the second dose in a timely manner," the Bench asked. Additional Solicitor General Aishwarya Bhati replied that the stipulated period is the ideal period. "Over the ideal period the vaccine can be taken.....A core group is studying and in two days they will gives us report," Bhati said. "These are all excuses giving to us. You tell us how will you bridge the gap. Is it not necessary that maximum people should get immunity," the Bench remarked. .The Court demanded to know whether the Centre was suggesting that the second dose can be taken any time even if it is delayed. "Are you really suggesting that if one person takes first dose, he can take the second dose whenever? Even if it is late, that it is okay?" the Court asked. "If people are not given the second dose, it will be a huge national waste," the Court added. "We will make all possible endeavours to ensure that first dose does not go to waste. It is our duty to provide the second dose," the ASG replied. .The Court eventually granted time to the State government to respond to the query as to why State overlooked Centre's advisories for prioritising the second dose of COVID-19 vaccine."ASG states that if the State government immediately furnishes the entire district-wise data of persons to whom the second dose is overdue or likely to become over due in near future, the centre will make every endeavour to bridge the gap," the Court recorded in its order. It is in the light of assurance by ASG that, we are not issuing any mandatory direction today, the Court added. .The State was, however, directed to ensure that it abides by the Centre's guidelines with respect to prioritising the second dose so that "a desperate and critical situation which is created today in the State can be avoided in the future.".The Court added that it is mandatory for the State to ensure that a rational and fair formula is adopted while giving the second dose of the vaccine. .The matter will be heard next on May 20.