Case: IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC Vs.

doses/month to 6.5 crore doses/month by July 2021; (b) BBIL: from 90 lakh doses/month to 2 crore doses/month, and further increase to 5.5 crore doses/month by July 2021; and (c) Sputnik V: from 30 lakh doses to 1.2 crore doses/month by July 2021; and (xiii) The regulatory and testing process for foreign vaccines has been simplified by the NEGVAC which now allows bridging trials (a nearly 4-month long process) of foreign vaccines to occur simultaneously with market development. 19. Based on the response of the UoI and the submissions made by the Amici, we understand that there are three broad issues that are of concern: (i) vaccine distribution between different age groups; (ii) vaccine procurement process; and (iii) the augmentation of the vaccine availability in India. 20. The affidavit of the UoI sufficiently clarifies the prioritization of the groups in phases 1 and 2 for obtaining the COVID-19 vaccines. These include HCWs, FLWs and persons above the age of 45 years. The prioritization of these groups was based on the experience of India and other countries during the first wave of the pandemic in 2020. It was largely observed that these groups faced a higher risk of infection and thus, it was necessary to inoculate them free of cost and on a priority basis by the Central Government. During the vaccination for these groups, the Central Government had allowed on-site registration and there was no prior requirement for booking an appointment on CoWIN. Having said that, the vaccination policy has been substantially changed for persons between 18-44 years of age. The Liberalized Vaccination Policy requires some of these persons to pay for the vaccines; limited vaccines are made available for this category with the State/UT Governments/private hospitals and an additional requirement of mandatory digital registration and booking an appointment through CoWIN has been imposed, among others. Unlike the prior policy, the Liberalized Vaccination Policy does not prioritize persons with co-morbidities and other diseases, persons with disabilities, or any other vulnerable groups. This is especially at issue because the experience of the second wave of the pandemic has provided an experiential learning that the COVID-19 virus is capable of mutation and now poses a threat to persons in this age group as well. Reports indicate that persons between 18-44 years of age have not only been infected by COVID-19, but have also suffered from severe effects of the infection, including prolonged hospitalization and, in unfortunate cases, death. Due to the changing nature of the pandemic, we are now faced with a situation where the 18-44 age group also needs to be vaccinated, although priority may be retained between different age groups on a scientific basis. 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. 21. With regard to the procurement process for vaccinations which is to be followed in view of the Liberalized Vaccination Policy, there are a number of issues that need to be addressed. The Amici have indicated that many State/UT Governments and local municipal bodies have issued tenders and attempted to negotiate with foreign manufacturers but they have largely been unsuccessful, as foreign manufacturers are not inclined to negotiate with individual State/UT Governments and prefer negotiating with federal governments of countries. Additionally, it has been urged that Central Government is also better placed to use its monopoly as a buyer (India being the second most populous country) to bargain for higher quantities of vaccines at reasonable prices. We find that the submissions urged by the Amici are extremely pertinent and have indicated that in practice, the Liberalized Vaccination Policy may not be able to yield the desired results of spurring competitive prices and higher quantities of vaccines. 22. Additionally, the Liberalized Vaccination Policy seeks to remove the issue of bargaining disparities by stating that each State/UT would have a prefixed pro rata quota based on their population in the 18-44 age group, 50% of which will be available to the State/UT Governments and 50% to the private hospitals. The Amici have raised concerns that there is a lack of clarity regarding whether the UoI will intervene in the distribution process. Given that inter-State barriers in India are porous and persons are free to migrate and work in different parts of the country, it is essential to understand if the pro rata allotment will take into account such migration to more densely populated industrial and urban States/UTs. Other concerns, such as the stage of the pandemic, the healthcare infrastructure and existing capacities of a State/UT, the literacy rate, age and overall health condition of its population, may also be relevant factors in making such a pro rata determination. The UoI should thus specify whether it seeks to address these concerns within the vaccination policy such that the State/UT Governments have a realistic assessment of the assistance they can anticipate from the UoI. 23. We shall now address the issue related to augmentation of vaccine production/availability. We have noted the submissions of the UoI in its affidavit dated 9 May 2021, that it is difficult to predict the projections for vaccines given that it depends on variable factors such as introduction of new foreign vaccines, capability of increased production by existing manufacturers, among others. Mr Tushar Mehta has during the course of his oral submissions stated that he is in a position to address these concerns of this Court and that the UoI aims to vaccinate approximately 100 crore persons by the end of December 2021. Mr Mehta has agreed to provide a detailed roadmap regarding projected availability of vaccines from the various vaccine manufacturers. It has also been highlighted that the Central Government is in active negotiations with various private foreign manufacturers to augment the availability of vaccines in the near future.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]9. Phase 1 of the National COVID-19 Vaccination Strategy was launched on 16 January 2021 and 1 February 2021 and was targeted towards protecting HCWs and FLWs. Phase 2 was initiated on 1 March 2021 and 1 April 2021, and was directed towards protecting the most vulnerable population in the age group of persons above 45 years of age. In phase 1 and 2, the UoI was procuring the vaccines and distributing them to the States/UTs free of cost for disbursal through government and private COVID-19 vaccination centres. The private facilities were not allowed to charge a sum above Rs 250 per person per dose (Rs 150 for vaccines and Rs 100 as operational charges) from a beneficiary.10. During phase 2, eligible beneficiaries could register and book appointments for vaccination on the CoWIN 2.0 portal or other IT applications such as Aarogya Setu. From 1 March 2021 onwards, the population aged 60 years or which would attain the age of 60 years or more as on 1 January 2022 was eligible to register on the CoWIN platform. Further, persons who were aged 45 years or would attain the age of 45 years to 59 years as on 1 January 2022 and had any of the 20 specified co-morbidities were also eligible to register on the CoWIN platform. From 1 April 2021 onwards, all persons who were aged 45 years or would attain the age of 45 years to 59 years as on 1 January 2022 were eligible to register on the CoWIN platform. On-site registration facility was also made available at vaccination centres in this phase.11. In phase 3, a Liberalized Vaccination Policy was introduced by the UoI, which came into effect on 1 May 2021.Based on such documents, the main elements of the Liberalized Vaccination Policy can be identified as:(i) Vaccine manufacturers are required to supply 50% of their monthly Central Drugs Laboratory(CDL) doses to the UoI and would be free to supply the remaining 50% doses to State/UT Governments and in other than Government of India channel(other than GoI channel);(ii) Manufacturers were required to make a declaration of the price of the 50% supply that would be available to State/UT Governments and in the other than GoI channel before 1 May 2021. Based on this price, States/UTs, private hospitals and industrial establishments through their hospitals may procure vaccines from the manufacturers. Private hospitals would be able to procure their supplies only from the 50% supply earmarked for other than GoI channel;(iii) The prices charged for vaccination by private hospitals would be monitored. As a result, the earlier dispensation where private COVID-19 vaccination centres which received doses from the UoI could charge up to Rs 250 per dose ceased to exist;(iv) The population which is now eligible to obtain vaccines at UoIs vaccination centres is limited to HCWs, FLWs and those above 45 years of age. The population between 18-44 years is eligible to obtain vaccines from other than GoI channel;(v) The vaccination would continue to be available for free for eligible population groups in those vaccination centres which receive their vaccine doses from UoI;(vi) The vaccination would continue to be a part of the National Vaccination Programme and would follow all existing guidelines. The CoWIN platform would capture the vaccination, stocks and price per vaccination applicable in all vaccination centres. The vaccination drive would comply with Adverse Event Following Immunization management and reporting, digital vaccination certificate and all other prescribed norms;(vii) The division of 50% supply to UoI and 50% to other than GoI channel would be applicable uniformly across all the vaccine manufactures in the country;(viii) The fully ready to use imported vaccines are allowed to be utilized entirely in the other than GoI channel; and(ix) The UoI from its share will allocate vaccines to States/UTs based on criteria of performance (speed of administration, average consumption) and extent of infection (number of COVID-19 cases). Wastage of vaccines would also be considered in the criteria and would affect the allocation negatively. Based on the above criteria, a State-wise quota would be decided and communicated to the States/UTs in advance.12. The facility of only online appointment on the CoWIN portal was initially introduced for the entirety of the population between the ages of 18-44 years. Later, on 24 May 2021(Available at <https://www.pib.gov.in/PressReleasePage.aspx?PRID=1721225>), the UoI announced that on-site registration will be made available for the 18-44 years age group. However, this is contingent on: (i) the State/UT Government enabling this policy; and (ii) only in cases of wastage at a particular government COVID-19 vaccination centre due to a no-show by an online appointee. Further, this facility has not been expanded to private COVID-19 vaccination centres.16. Similarly, courts across the globe have responded to constitutional challenges to executive policies that have directly or indirectly violated rights and liberties of citizens. Courts have often reiterated the expertise of the executive in managing a public health crisis, but have also warned against arbitrary and irrational policies being excused in the garb of the wide latitude to the executive that is necessitated to battle a pandemic. This Court in Gujarat Mazdoor Sabha vs. State of Gujarat, AIR 2020 SC 4601  , para 9 albeit while speaking in the context of labour rights, had noted that policies to counteract a pandemic must continue to be evaluated from a threshold of proportionality to determine if they, inter alia, have a rational connection with the object that is sought to be achieved and are necessary to achieve them.17. In grappling with the second wave of the pandemic, this Court does not intend to second-guess the wisdom of the executive when it chooses between two competing and efficacious policy measures. However, it continues to exercise jurisdiction to determine if the chosen policy measure conforms to the standards of reasonableness, militates against manifest arbitrariness and protects the right to life of all persons. This Court is presently assuming a dialogic jurisdiction where various stakeholders are provided a forum to raise constitutional grievances with respect to the management of the pandemic. Hence, this Court would, under the auspices of an open court judicial process, conduct deliberations with the executive where justifications for existing policies would be elicited and evaluated to assess whether they survive constitutional scrutiny.20. The affidavit of the UoI sufficiently clarifies the prioritization of the groups in phases 1 and 2 for obtaining the COVID-19 vaccines. These include HCWs, FLWs and persons above the age of 45 years. The prioritization of these groups was based on the experience of India and other countries during the first wave of the pandemic in 2020. It was largely observed that these groups faced a higher risk of infection and thus, it was necessary to inoculate them free of cost and on a priority basis by the Central Government. During the vaccination for these groups, the Central Government had allowed on-site registration and there was no prior requirement for booking an appointment on CoWIN. Having said that, the vaccination policy has been substantially changed for persons between 18-44 years of age. The Liberalized Vaccination Policy requires some of these persons to pay for the vaccines; limited vaccines are made available for this category with the State/UT Governments/private hospitals and an additional requirement of mandatory digital registration and booking an appointment through CoWIN has been imposed, among others. Unlike the prior policy, the Liberalized Vaccination Policy does not prioritize persons with co-morbidities and other diseases, persons with disabilities, or any other vulnerable groups. This is especially at issue because the experience of the second wave of the pandemic has provided an experiential learning that the COVID-19 virus is capable of mutation and now poses a threat to persons in this age group as well. Reports indicate that persons between 18-44 years of age have not only been infected by COVID-19, but have also suffered from severe effects of the infection, including prolonged hospitalization and, in unfortunate cases, death. Due to the changing nature of the pandemic, we are now faced with a situation where the 18-44 age group also needs to be vaccinated, although priority may be retained between different age groups on a scientific basis. 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.21. With regard to the procurement process for vaccinations which is to be followed in view of the Liberalized Vaccination Policy, there are a number of issues that need to be addressed.The Amici have indicated that many State/UT Governments and local municipal bodies have issued tenders and attempted to negotiate with foreign manufacturers but they have largely been unsuccessful, as foreign manufacturers are not inclined to negotiate with individual State/UT Governments and prefer negotiating with federal governments of countries. Additionally, it has been urged that Central Government is also better placed to use its monopoly as a buyer (India being the second most populous country) to bargain for higher quantities of vaccines at reasonable prices.We find that the submissions urged by the Amici are extremely pertinent and have indicated that in practice, the Liberalized Vaccination Policy may not be able to yield the desired results of spurring competitive prices and higher quantities of vaccines.22. Additionally, the Liberalized Vaccination Policy seeks to remove the issue of bargaining disparities by stating that each State/UT would have a prefixed pro rata quota based on their population in the 18-44 age group, 50% of which will be available to the State/UT Governments and 50% to the private hospitals.The Amici have raised concerns that there is a lack of clarity regarding whether the UoI will intervene in the distribution process. Given that inter-State barriers in India are porous and persons are free to migrate and work in different parts of the country, it is essential to understand if the pro rata allotment will take into account such migration to more densely populated industrial and urban States/UTs. Other concerns, such as the stage of the pandemic, the healthcare infrastructure and existing capacities of a State/UT, the literacy rate, age and overall health condition of its population, may also be relevant factors in making such a pro rata determination. The UoI should thus specify whether it seeks to address these concerns within the vaccination policy such that the State/UT Governments have a realistic assessment of the assistance they can anticipate from the UoI.23. We shall now address the issue related to augmentation of vaccine production/availability. We have noted the submissions of the UoI in its affidavit dated 9 May 2021, that it is difficult to predict the projections for vaccines given that it depends on variable factors such as introduction of new foreign vaccines, capability of increased production by existing manufacturers, among others.25. Under the Liberalized Vaccination Policy covering persons in the age group of 18-44 years, the total vaccines produced will be divided in a ratio of 50:25:25 between the Central Government, State/UT Governments and private hospitals. In its affidavit dated 9 May 2021, the UoI notes the following salient features of this Liberalized Vaccination Policy, in relation to vaccination by private hospitals:(i) Out of the 50% quota allocated for the other than GoI channel, 50% will go to the State/UT Governments, calculated on a pro rata basis as per the population. The balance 50% would be open for private hospitals procurement, based on contracts with the manufacturers. As such, the State/UT Governments and private hospitals would each end up with 25% of the total CDL doses;(ii) Vaccination through the private sector of 25% of the total CDL quantity would reduce the operational stress on government facilities and help with issues of crowding at vaccination centres; and(iii) Paid vaccination through private hospitals has been introduced for persons who can afford to pay, thereby reducing the operational stress on the Government. However, it has also been submitted that this policy may undergo a change based on performance and future availability of vaccines.26. As a consequence of this Liberalized Vaccination Policy, 50% of the population of any State/UT in the 18-44 age group is expected to pay for its vaccination. From the UoIs affidavit, we understand that this has been done while taking into account the ability of a certain section of the population to pay for their vaccination. However, the present system of allowing only digital registration and booking of appointment on CoWIN, coupled with the current scarcity of vaccines, will ultimately ensure that initially all vaccines, whether free or paid, are first availed by the economically privileged sections of the society. As such, even those who may have been able to afford a vaccine, may opt for a free vaccine simply because of issues of availability, even if it would entail travelling to far-flung rural areas. Hence, any calculations of the economic ability of a given individual may not directly correspond to the vaccination route (paid/unpaid) they opt for. Consequently, it is plausible that private hospitals may have vaccine doses left over with them because everyone who could afford them has either already bought it or availed of a free vaccine, while those who need it may not have the ability to pay for it.27. Further consequences of the vaccination by private hospitals under the Liberalized Vaccination Policy relate to a simple issue at the core of their existence: that while they provide a public health service, they still remain private, for-profit entities. Consequently, they may sell the vaccine doses procured at a higher price, unless regulated stringently. Private hospitals also may not sell all their vaccine doses publicly through appointments on CoWIN, but rather sell them for lucrative deals directly to private corporations who wish to vaccinate their employees. Finally, private hospitals are not equally spread out across a State/UT and are often limited to bigger cities with large populations. As such, a larger quantity will be available in such cities, as opposed to the rural areas.28. It is pertinent to clarify here that we are not opposed to the involvement of private hospitals in the vaccination drive. Private health care institutions have an important role as well. The UoI has correctly noted in its affidavit that these hospitals will reduce the burden on government facilities. This was also happening earlier for the vaccination of those above 45 years of age, where the Central Government was providing these hospitals with vaccines and they were allowed to charge patients a nominal fee (Rs 250). However, the issue is about the effect of privatizing 50% of all vaccines available for the 18-44 age group.29. In our order dated 30 April 2021, we had elicited the UoIs justification for enabling decentralized procurement where a pre-fixed and differential price was set for the Central Government, States/UTs and private hospitals. The UoI through its affidavit dated 9 May 2021, has submitted the following:(i) The Liberalized Vaccination Policy was introduced to incentivize existing manufacturers and invite more manufacturers, which will ensure fastest vaccination of the majority of the population. Differential pricing has been introduced in order to instill a competitive market which would drive the market towards affordability and attract offshore vaccine manufacturers;(ii) Vaccine manufacturers are mandated to transparently declare the price in advance for procurement by State/UT Governments and private hospitals. The price for the Central Government is pre-fixed and declared;(iii) Extensive consultations with the manufacturers were held to ensure that pricing is uniform and reasonable. The UoI stated that these were due to consultations and persuasion by the Central Government;(iv) On the differential pricing of the vaccines, it is stated that the Central Government by nature of its large vaccination programme, places large purchase orders for vaccines as opposed to the State Governments and/or Private Hospitals and therefore, this reality has some reflection in the prices negotiated; and(v) In any event, all persons of all age groups will get free vaccination throughout the country since all State/UT Governments have announced free vaccination for persons aged 18-44 years, in addition to the Central Government vaccinating persons over 45 years for free.30. The current Liberalized Vaccination Policy enables State/UT Governments and private hospitals to procure 50% of the monthly CDL approved doses in the country at a pre-fixed price. The justification for this Policy has been adduced in a bid to spur competition which would attract more private manufacturers that could eventually drive down prices. Prima facie, the only room for negotiation with the two vaccine manufacturers was on price and quantity, both of which have been pre-fixed by the Central Government. This casts serious doubts on UoIs justification for enabling higher prices as a competitive measure. Furthermore, the Central Government justifying its lower prices on account of its ability to place large purchase orders for vaccines, raises the issue as to why this rationale is not being employed for acquiring 100% of the monthly CDL doses. The Union Budget for Financial Year 2021-2022 had earmarked Rs 35000 crores for procuring vaccines(Available at <https://www.indiabudget.gov.in/doc/Budget_Speech.pdf>, page 7). In light of the Liberalized Vaccination Policy, the Central Government is directed to clarify how these funds have been spent so far and why they cannot be utilized for vaccinating persons aged 18-44 years.31. In response to our questions on the poor and marginalized suffering on account of the vaccine prices, the Central Government in its affidavit stated that the eventual beneficiary of the vaccine would not be affected by the Liberalized Vaccination Policy since every State/UT has promised to vaccinate its residents free of cost. Nevertheless, it is reiterated that the UoI should consider utilizing its position as the monopolistic buyer in the market and pass down the benefit to all persons. Even if the States/UTs were to fund the higher-priced vaccines, a burden they were not discharging before the Liberalized Vaccination Policy was introduced and potentially may not have planned in advance for, these funds are expended at the behest of the public exchequer. The Centre and States/UTs, both operate in the service of the Indian population, and raise and disburse funds in their name. The additional funds expended on procuring vaccines against a deadly pandemic are necessary expenditure for any State/UT Government which has battled the public health emergency for over 15 months now. However, an avoidable expense would eventually hurt the welfare of individuals residing within those States/UTs, who may potentially be benefitted by the differential funds being utilized for ramping up the health infrastructure in the State/UT, which is equally important to combat the pandemic. If the Central Governments unique monopolistic buyer position is the only reason for it receiving vaccines at a much lower rate from manufacturers, it is important for us to examine the rationality of the existing Liberalized Vaccination Policy against Article 14 of the Constitution, since it could place severe burdens, particularly on States/UTs suffering from financial distress.32. In our order dated 30 April 2021, we had requested for data on government funding and support, direct or indirect, into the two vaccines that are currently authorized for public use - SIIs Covishield and BBILs Covaxin. Additionally, in order to evaluate the bottlenecks in vaccine scarcity, we had sought the UoIs stance on invoking its powers of compulsory licensing under the Patents Act, 1970 in order to ramp up manufacturing and other statutory provisions to drive down costs. The UoI has adduced the following justifications in its affidavit dated 9 May 2021:(i) SII and BBIL have taken a financial risk in developing and manufacturing these vaccines and prudence dictates pricing through a transparent and consultative negotiation, and statutory provisions must be invoked in the last resort;(ii) Covaxin is developed under a public-private partnership through a formal MoU between Indian Council of Medical Research(ICMR) and BBIL. ICMR would receive a 5% royalty on net sales, the intellectual property is shared between ICMR and BBIL and clauses such as prioritization of in-country supplies have been included. Phase 3 trials of Covaxin have been funded by the ICMR to the tune of Rs 35 crores;(iii) Covishield is manufactured by SII. The Central Government has directly transferred Rs 11 crores to 14 clinical trials sites for conducting phase 3 trials of over 1600 participants; and(iv) Covaxin production is being augmented with government support to the tune of Rs 200 crores to one private manufacturer and 3 public sector manufacturing facilities - Bharat Biotech, Hyderabad; Indian Immunologicals, Hyderabad; Haffkine Biopharmaceuticals, Mumbai; and Bharat Immunologicals and Biologicals, Bulandshar. This is projected to enhance Covaxins current manufacturing of 1 crore doses/month to nearly 10 crore doses/month in the next 8-10 months. Grant-in-aids have been recommended, but the disbursements are yet to be made.34. We have already noted that as a consequence of the Liberalized Vaccination Policy, the responsibility for the vaccination in phase 3 is being divided between the Central Government (for those above 45 years of age, HCWs and FLWs) and the State/UT Government along with the private hospitals (for the age group of 18-44 years). This would mean that the limited vaccine logistics available in a State/UT would have to be shared between the State/UT Government and the Central Government. This is different from the situation under the UIP, where the Central Government buys and allocates vaccines to States/UTs, in order to ensure that their cold storage facilities are not overwhelmed.35. In our order dated 30 April 2021, we had highlighted the concerns relating to the ability of the marginalized members of society to avail of vaccination, exclusively through a digital portal in the face of a digital divide. The UoIs affidavit made the following submissions in relation to the accessibility of the CoWIN portal:(i) The CoWIN portal enables one person to register 4 persons using the same mobile number;(ii) All gram panchayats in the country have Common Service Centres(CSC) which can effectively enable people residing in rural areas to register online for the vaccination;(iii) Citizens who do not have access to digital resources could take help from family, friends, NGOs and CSCs;(iv) Walk-ins cannot be permitted due to the scarcity of vaccines and fears of over-crowding at centres. The online registration requirement counters this fear and also effectively monitors the administration of the second dose. The policy may be re-considered subsequently when more vaccines are available;(v) Identity proofs are required for the purpose of determining age and keeping a track of persons who are due for the second dose. However, in recognizing the issues arising with the insistence of one of the seven prescribed photo-ID proofs, the Central Government issued an SoP dated 23 April 2021 which enables bulk registration of certain identifiable groups, such as homeless persons, who would be identified and registered by the District Immunization Task Force; and(vi) It is clarified that walk-in vaccination facilities will continue for persons over the age of 45 years in separate, designated vaccination centres. This is because vaccinations have been underway for this age group for a while and overcrowding has not been experienced so far.36. A survey on Household Social Consumption: Education was conducted by National Statistics Office (July 2017-June 2018)(Available at <http://mospi.nic.in/sites/default/files/publication_reports/Report_585_75th_round_Education_final_1507_0.pdf>) which revealed the following:(i) Around 4% of the rural households and 23% of the urban households possessed a computer. In the age group of 15-29 years, around 24% in rural households and 56% in urban areas were able to operate a computer; and(ii) Nearly 24% of the households in the country had internet access during the survey year 2017-18. The proportion was 15% in rural households and 42% in urban households. Around 35% of persons in the age group of 15-29 years reported use of internet during the 30 days prior to the date of survey. The proportions were 25% in rural areas and 58% in urban areas.37. The Telecom Regulatory Authority of India in its report titled Wireless Data Services in India(Available at <https://www.trai.gov.in/sites/default/files/Wireless_Data_Service_Report_21082019_0.pdf>) noted that:(i) Out of the total population of 1.3 billion, only 578 million people in India (less than 50%) have subscription to wireless data services. The wireless tele density in rural areas is 57.13% as compared to 155.49% in urban areas as on 31 March 2019. The report stated that:[this] reflects the rural-urban divide in terms of telecom services penetration. Since, the number of wireless data subscribers are less than 50% of the total wireless access subscribers, the number of wireless data subscribers in rural areas would be much lower.(ii) The report also noted that in a few Indian States like Bihar, Uttar Pradesh and Assam the tele density is less than 75%; and(iii) The monthly income of persons living below the poverty line in urban areas and rural areas is Rs 1316 and Rs 896, respectively. However, to access internet data services, a minimum tariff plan would cost around Rs 49, which includes 1 GB data every 28 days. This would constitute 4-5% of the months income of such persons accessing data. As such, the report notes that this would bear a considerable cost for persons living below the poverty line.38. According to the Annual Report of CSC for 2019-20, published by the Ministry of Electronics and Information Technology, while there are 2,53,134 Gram Panchayats in India, as on 31 March 2020 only 2,40,792 Gram Panchayats are covered with at least one registered CSC(Available at <https://csc.gov.in/assets/events-report/Annual-Report-2019-20.pdf>, at page 8). Hence, approximately 13,000 Gram Panchayats in India do not have a CSC.39. It is clear from the above statistics that there exists a digital divide in India, particularly between the rural and urban areas. The extent of the advances made in improving digital literacy and digital access falls short of penetrating the majority of the population in the country. Serious issues of the availability of bandwidth and connectivity pose further challenges to digital penetration. A vaccination policy exclusively relying on a digital portal for vaccinating a significant population of this country between the ages of 18-44 years would be unable to meet its target of universal immunization owing to such a digital divide. It is the marginalized sections of the society who would bear the brunt of this accessibility barrier. This could have serious implications on the fundamental right to equality and the right to health of persons within the above age group.40. It has been brought to our notice that the CoWIN platform is not accessible to persons with visual disabilities. The website suffers from certain accessibility barriers which should be addressed. These include:(i) Audio or text captcha is not available;(ii) The seven filters, which inter alia, include age group, name of vaccine and whether the vaccine is paid or free, are not designed accessibly. This issue can be addressed by creation of a drop-down list;(iii) While visually challenged persons can determine the number of available vaccine slots, one cannot find out the day those slots correspond to. This can be resolved by ensuring that table headers correspond to associated cells;(iv) Keyboard support for navigating the website is absent;(v) Adequate time should be given to disabled users to schedule their appointment without the possibility of being automatically logged off; and(vi) Accessibility protocols, such as use of appropriate colour contrasts, should be adhered to.