Anadi Tewari
The Student Federation of India (SFI) has moved the Supreme Court seeking directions to provide universal free vaccination to all citizens of India and to waive off the Goods and Service Tax (GST) that has been levied on the import of the oxygen concentrators.
Through the application, the Federation has sought the direction of this Court to the Central Government and its agencies to “provide compulsory licenses as per the Patents Act, 1970, COVID-19 related free vaccination and simultaneously exempt the goods and service tax on the import of Oxygen concentrators imported for personal use.”
The Student Organization (SFI) have sought intervention in a suo-motu case related to the distribution of essential supplies and services during this pandemic.
“There has been a dearth of oxygen supplies around the country. The Central Government agencies had failed to provide basic health care facilities to the citizens of the nation,” the Applicant has submitted before the Court.
Before the Supreme Court, the applicant through this application is urging the Central Government to carry out a policy for universal vaccination to each and every citizen of India free of cost which will help in safeguarding the productive workforce of this nation.
“10. By providing free vaccination, a large population including the poorer sections of the society would be vaccinated, which would help in improving the herd immunity amongst the citizens. 11. That the spread of this pandemic could be arrested as per the medical science by vaccinating seventy percent of the total population which could only be possible by universal free vaccination,” the application states.
Taking note of the recent reduction in the imposition of GST from 28% to 12%, the applicant has submitted that:
“With the waiver of the Goods and Service tax on the import of oxygen concentrators for personal use, the same would be available to the citizens at a reduced cost and with the affordability, the citizens will have more accessibility which will save their lives.”
“If the provisions of section 92(3) of the Patent Act 1970 which enables the Controller to grant a compulsory patent is provided to several pharmaceutical companies, a larger population of the country would be vaccinated at a faster pace which would help in controlling the spread of the pandemic,” the applicant has submitted before the Court.
Prayer before the Court
(i) Direct the Union Of India and its to lay down a universal mass vaccination policy and provide the same to the citizens free of cost.
(ii) Direct the central government to provide compulsory licenses under the relevant provisions of the Patent Act,1970, which will benefit from vaccinating the citizens.
(iii) Direct the Union of India and its agencies to exempt the import of oxygen concentrators for personal use from Goods and Service Tax.
Recently, Delhi High Court has been hearing a plea seeking removal of imposition of Goods and Sevices Tax (GST) on the oxygen concentrators imported for personal use. In the last hearing (on May 06), the Delhi High Court has observed that the Central Government should review its stand of not exempting the Goods and Services Tax (GST) levied on Oxygen Concentrators imported for personal use. This observation of the Court comes after when the Finance Ministry of India conveyed to the Court its inability to comply with this Court’s order issued on Wednesday (May 05). [Gurcharan Singh v. Ministry of Finance, Government of India (W.P(C) 5149/2021)]
The applications for intervention have been filed by Advocate Anindita Mitra and drawn by Advocate Supratik Sarkar.
Case: In Re: Distribution of Essential Supplies and Services during this pandemic [Suo Motu Writ Petition (Civil) No. 3 of 2021]