New Delhi:

The Centre’s policy of giving free vaccination to the 45-plus age group and a having paid system for those below, is “prima facie arbitrary and irrational”, the Supreme Court said today in its detailed order on the issue. Flagging several other loopholes, the court asked the Centre to review its vaccination policy and “place on record a roadmap of projected availability of vaccines till 31 December 2021”.

The government has said it will vaccinate the eligible population by December this year — an announcement that has been met with much scepticism by critics and opposition parties.

Calling the issue of vaccination “absolutely crucial”, the court said currently people in the 18-44 year age group are not just getting infected, but suffering from severe effects of the infection, “including prolonged hospitalization and, in unfortunate cases, death”.

The changing nature of the pandemic has created a situation where this younger age bracket also needs to be vaccinated, “although priority may be retained between different age groups on a scientific basis,” the court said.

“Hence, due to the importance of vaccinating individuals in the 18-44 age group, the policy of the Central Government for conducting free vaccination themselves for groups under the first 2 phases, and replacing it with paid vaccination by the State/UT Governments and private hospitals for the persons between 18-44 years is, prima facie, arbitrary and irrational,” the order read.

The top court, which took up the issue suo motu, also countered the Centre’s argument that judiciary must keep off from executive on policies.

“Courts cannot be silent spectators when constitutional rights of citizens are infringed by executive policies,” the judges wrote.