Plea alleging non-disclosure of COVID-19 vaccine trial data against national interest: Centre to Supreme Court

The Central government has told the Supreme Court that the plea alleging coercive vaccination of citizens and seeking disclosure of COVID-19 vaccine trial data goes against national interest and would violate the rights of citizens to get vaccinated against the virus [Dr. Jacob Puliyel v. Union of India]..In its affidavit, the Centre said that the petition filed by Dr Jacob Puliyel, former member of the National Technical Advisory Group on Immunisation, directly harms public interest."At this juncture, the entire concentration of the Central Government and the State Governments should be and is on vaccination drive and encouraging people to get them vaccinated. It is, therefore, not desirable at this juncture to invest time finding out motives behind few elements attempting to act against the interest of nation at the cost of violating the right of crores of citizens to be protected from pandemic," the Centre submitted..Puliyel had moved the Court praying for a declaration that mandating vaccination for COVID-19, in any manner whatsoever, even by way of making it a pre-condition for accessing any benefits or services, is a violation of rights of citizens and unconstitutional. He had also sought disclosure of clinical trial and post vaccination data.The plea alleged that the vaccines currently being administered have not been adequately tested for safety or efficacy and are now licensed under Emergency Use Authorisation without the data being disclosed to the public."This is a clear violation of the basic norms of scientific disclosure and the guidelines with respect to disclosure of clinical trial data, as laid down by the World Health Organisation (WHO) and followed by the Indian Council of Medical Research (ICMR). In India, the manner in which the vaccines have been licensed vitiates and even precludes the possibility that the vaccines can be evaluated objectively in the future," the petition stated..The Centre in its affidavit said that any misgivings and misconceived doubts and motivated propaganda against vaccination can only result in a potential threat of increasing vaccine hesitancy, which will not be in public interest. It was pointed out that there is a statutory regime in place for trial and approval of vaccines and that the same has been followed."Once it is pointed out that a statutory regime exists for certification and permission to administer any drug/vaccine, this Hon'ble Court would not exercise its power of judicial review for the purpose of taking any other possible view as such examination would be out of the scope of the judicial review," the affidavit said.The petitioner and handful of others like him would be enabled to create serious misgivings and misconceived doubts against the vaccination, it added.It was also submitted that all vaccination trial data is in public, except the data that would expose any information about the participants of the clinical trial, which is against rules and guidelines."The Petitioner is fully aware of the facts narrated. He has chosen to give a false picture before this Hon'ble Court for the reasons best known to him. In the process, however, he has raised a false alarm and warning against efforts of the nation to combat an unprecedented tragedy faced by human race," the Centre said seeking dismissal of the plea..The Supreme Court had during one of the previous hearings made it clear that hearing the petition cannot be construed as a signal that the Court does not trust the efficacy of COVID-19 vaccines. It had nevertheless sought the Centre's response, pursuant to which the present affidavit was filed.