Top court asks to wait and watch for Covaxin’s WHO approval

The Supreme Court of India in Kartik Seth v. Union of India; said that it will wait for a decision by the World Health Organisation (WHO) on the recognition of covaxin before considering a petition to permit people to voluntarily get vaccinated against COVID-19 with the Covishield vaccine even if they have been fully vaccinated with Covaxin. A two-judge bench comprising Justice DY Chandrachud and Justice BV Nagarathna said, “We cannot play with the lives of people by directing union to revaccinate. We don’t have any data with us. We have read in newspapers that Bharat Biotech has filed an application with the World Health Organisation for recognition. Let us wait for the response of WHO. We will take up this matter post-Diwali vacation.” Advocate Kartik Seth, appearing in person, argued that each day a number of people willing to go abroad are being denied entry to other countries as Covaxin is not recognised by the WHO. He pointed out under the present system, a person already vaccinated with Covaxin can not register himself or herself on the CoWIN portal for Covishield jabs, and a direction can be issued to the union in this regard. The bench also mentioned that “How can we direct those who had full doses of Covaxin should get Covishield. This involves scientific data.” The petitioner pointed to the delay faced by Covaxin in getting WHO approval and sought details on the material supplied by the vaccine manufacturer Bharat Biotech Limited to WHO. “How are you entitled to the data supplied by WHO,” the bench shot back, wondering if the petitioner was pursuing the cause of a rival vaccine manufacturer. “This is the reason we do not want to entertain such petitions. This is the danger that competitors can use this court to fight their battle,” the bench observed. Seth told the court that his interest was purely in the public interest as several students and professionals were unable to travel despite being fully vaccinated. "This is the problem in entertaining such PILs. Because we do not want to entertain a PIL filed at the behest of a competitor who is pushing for a direction against Covaxin. That's the real danger in these matters - a competitor using Article 32 petition to edge out a rival," the bench said. Seth immediately clarified that the petition was completely in the public interest. Finally, the Supreme Court of India says to wait and watch WHO's approval.