The Student Federation of India (SFI), one of the active student organization across the country, has once again knocked the doors of the temple of justice i.e. the Supreme Court of India to weed out the COVID-19 infection from the people especially the underprivileged, weak, poor, and disadvantaged section of the Indian society. Consequently, it has sought directions to allow free access to COVID vaccination in addition to the waiver of Goods and Services Tax on the use of the oxygen concentrators meant for personal use.
The federation is also seeking the intervention of the honourable court in the Suo moto case that is related to the allocation of the essential supplies and services during the second wave of the Corona pandemic that is pending before the apex Court.
The aforesaid federation has also filed an intervention application in the Supreme Court of India to issue directions to the Central Government and its respective agencies to make provision for compulsory licenses as per the provisions of the Patents Act 1970 and provide an exemption in the GST on the import of Oxygen concentrators that are imported in the country for personal use.
The abovementioned student organisation opined that the aforesaid sections would also improve the herd immunity amongst the people of the country.
“Several Governments controlled pharmaceutical factories are in operation in India and the Centre could thereby make use of the infrastructure and manufacture the covid vaccine at those facilities. This would help in producing larger quantities of the same resulting in meeting the huge demands of vaccination, the application added.”
The SFI has cited Section 100 and Section 92(3) of the Patents Act, 1970 that is concerned with the powers of the Central government and the Controller of Patents respectively. These sections state the intent and scope of the aforesaid provisions — there is no limitation on the government if it is utilizing the said provisions for ensuring healthcare access for the people of the country.
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Below mentioned are the various directions that have been sought from the honourable apex court.
Firstly, Issue Instructions to the Union of India for laying down a policy of the “universal mass vaccination” and provide the same access at the free cost to the people of the country.
Secondly, Issue directions to the central government to make provision for compulsory licenses as per the relevant provisions of the Patent Act,1970 that would ultimately benefit the people of the country by providing vaccination.
Lastly and most importantly, issue directions to the Union of India to provide an exemption in the import of oxygen concentrators from the ambit of the Goods and Service Tax ( GST ).
