Indemnity condition holding up US vaccine supply to India

US pharma majors, Pfizer and Moderna, are yet to enter India with their COVID vaccines because of the indemnity, or legal protection issue with the Government of India.

On the contrary, the US companies’ jabs reached countries like Pakistan and Bangladesh only because they agreed to the indemnity requirement of the World Health Organization’s COVAX alliance, called Gavi.

Also read: Why are COVID vaccine manufacturers so keen on indemnity?

In India though, the Union government is not ready to compromise on the issue of indemnity, or legal protection, which has been denied to foreign companies. The government fears Indian vaccine makers too will demand similar protection.

The government, however, is trying to convince the two US companies to agree to a middle way, by which domestic companies can give indemnity on behalf of their foreign partners, reported Reuters.

“Our team is in continuous dialogue with Pfizer, Moderna and Johnson & Johnson to discuss and address various issues including the issue of indemnity,” Minister of State for Health & Family Welfare, Bharati Pravin Pawar, said in Parliament the other day.

GAVI, officially Gavi, the Vaccine Alliance is a public–private global health partnership with the goal of increasing access to immunization in poor countries. As per the rules governing Gavi, countries have to provide legal protections for vaccine manufacturers.

As per media reports, Moderna’s Indian partner Cipla is ready to bear some legal liability, but Moderna is firm on having complete legal protection.

Also read: Number of worldwide deaths from COVID-19 jump 21%: WHO

So while the US could donate millions of vaccine jabs to Pakistan, Sri Lanka Bangladesh and Bhutan, the Indian government’s “legal requirements” are holding COVAX supplies back home.

The Drug Controller General of India (DCGI) gave emergency-use permission to Moderna’s COVID vaccine in June. Pfizer and Johnson & Johnson are yet to formally seek permission though.