CIC Asks Health Ministry to Proactively Disclose Information on COVID-19 in Public Interest

According to the government’s response to an RTI query, more than six crore vaccine doses were procured through the PM Cares Fund.

New Delhi: The Central Information Commission has advised the Ministry of Health and Family Welfare to “ensure that maximum information [on COVID-19] which serves larger public interest, is proactively disclosed, to enhance transparency and dissemination of correct information”.

Dealing with two cases in which the ministry was accused of withholding information regarding various aspects of the COVID-19 vaccines and its impact on people, the panel chief, Y.K. Sinha, said giving out information on time would “obviate the need for filing of RTI cases by citizens on matters of such vital importance”.

An application under the Right to Information Act was filed by Aniket Gaurav on April 15 this year. He asked if the ministries or departments under the Government of India were maintaining records about the number of people who tested positive for the coronavirus even though they had already received one or both doses of the COVID-19 vaccine.

In his order, Sinha recorded how the applicant had asked for “the number of people who tested positive after the first dose of the vaccine, till date; the number of people who tested positive even after the second dose of the vaccine, till date” and “out of the total number of people who tested positive after the first dose of the vaccine, till date, a) the number of people who got infected but had a mild or moderate form of the disease. b) the number of people who got infected but had a severe form of the disease”.

Gaurav also asked, “Out of the total number of people who tested positive after the second dose of the vaccine, till date, a) the number of people who got infected but had a mild or moderate form of the disease. b) the number of people who got infected but had a severe form of the disease.”

Ministry reply initially said ‘health’ is a ‘state subject’

Despite the urgent importance of these questions, the central public information officer responded on April 20 stating that ‘health’ is a state subject, and so the Covid-19 Vaccination Administration Cell (CVAC), Ministry of Health and Family Welfare, Government of India does not have such specific data. He advised Gaurav to visit the ministry’s website or “Aarogya Setu App” or “mygov.in//COVID-19” or “MyGov App” to obtain the statistical data.

Dissatisfied with the reply, the complainant approached the Commission, charging that the information furnished to him was “faulty, incorrect and incomplete”.

Subsequently, in the written submission on May 14, the PIO for the ministry, under secretary Satyendra Singh, stated that as he has been assigned the work of CVAC and his work involves sanction of budget for the procurement of COVID-19 vaccines. But he insisted that he does not deal with information sought by the complainant and had therefore informed him accordingly.

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Sinha recorded in the order that the complainant in his RTI application dated April 18 had asked “(1) what are firm orders for vaccine doses placed on different vaccine producers and accepted for delivery over the next six months and (2) how this expected supply will be distributed across different states.”

To this, he recorded, that the CPIO responded on April 23 that “with respect to point 1 that no such specific information is available” and “with respect to point 2, the appellant was informed that it does not come under the definition of information as per RTI Act, 2005.”

In regard to this complaint, Singh submitted on May 14 that “while the first query was not clear, the second query raised by the complainant related to a future course of action, information regarding which does not exist on record.”

More than six crore doses procured through PM Cares Fund

The CPIO, however, submitted some details about the procurement of vaccines, saying that the purport of the first query was clear. He stated that “…Initially, the Govt. of India through PM Cares Fund procured the COVID19 vaccines COVISHIELD manufactured by M/s Serum Institute of India (procured 5.6 crores doses) at the unit cost of Rs. 210/- including taxes (Rs. 200+5% GST) and COVAXIN manufactured by M/s Bharat Biotech International Limited (procured 1.0 crores doses) at the unit cost of Rs. 309.75/- including taxes (Rs. 295 + 5% GST).”

Sinha wrote that the CPIO contended that information about distribution of vaccines among different states, number of persons already vaccinated, cost of vaccines etc. was already being updated on the website along with various notifications from time to time, to create awareness among the citizens.

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The CPIIO’s reply further stated that, “The Union Budget 2021-22 provides for Rs. 35,000 crore for COVID-19 Vaccination. At present Government of India through Union Budget has procured the COVID-19 vaccines (COVISHIELD 10 crores doses and COVAXIN 2 crores doses) at the unit cost of Rs. 157.50 including taxes (Rs. 150+5% GST). Further, Govt. of India through Union Budget is procuring the COVID-19 vaccines (COVISHIELD 11 crores doses and COVAXIN 5.5 crores doses) at the unit cost of Rs. 157.50 including taxes (Rs. 150+5% GST). The procurement and vaccination of COVID-19 vaccine is ongoing process.”

Sinha wrote that the CPIO contended that information about distribution of vaccines among different states, number of persons already vaccinated, cost of vaccines etc. was already being updated on the website along with various notifications from time to time, to create awareness among the citizens.

Gaurav told The Wire that he tried his best to convince the CIC for an inquiry, but nothing happened.

The CIC while disposing of the complaints said, “it is apparent that the respondent has acted within the precincts of the RTI Act and disseminated the information held by them” and that “there remains no reason to initiate proceedings under Section 18 of the RTI Act.” However, he advised that the respondent “ensure that maximum information which serves larger public interest, is proactively disclosed, to enhance transparency and dissemination of correct information.”