Bhartendu Research paper Abtsract for Digital sovereignity and Global equity BHARTENDU MALHOTRA

Legal Pathways to Vaccine Equity: India’s Role in Reforming Global Health Governance

Bhartendu Malhotra , Ph.D. Research Scholar, Faculty of Law, University of Delhi

Abstract

The COVID-19 pandemic acted as a catalyst in exposing the systemic fragilities and inherent inequities of the current global health architecture. While the rapid development of vaccines was a triumph of science, their distribution revealed a profound "moral failure," characterized by vaccine nationalism and a rigid adherence to intellectual property (IP) protections that marginalized the Global South. This research paper examines the legal pathways necessary to achieve vaccine equity, specifically analyzing India’s multifaceted role as a norm-setter and a strategic leader in reforming global health governance.

Aligned with the themes of Human Rights, Global Equity, and Access to Knowledge (A2K), this study argues that the current international legal regime, dominated by the WTO’s TRIPS Agreement, creates an artificial scarcity of life-saving medical counter-measures. By prioritizing proprietary interests over the fundamental right to health, the existing framework facilitates a "knowledge monopoly" that is incompatible with the principles of distributive justice. The paper utilizes a doctrinal methodology to scrutinize the 2020 India-South Africa proposal for a TRIPS waiver, evaluating it not merely as a temporary trade derogation, but as a significant legal assertion of the "Right to Health" within the hierarchy of international law.

A central focus of the research is India’s "Vaccine Maitri" initiative and its diplomatic efforts to reposition vaccines as "Global Public Goods." The paper examines how India’s domestic pharmaceutical prowess and its historical commitment to the "Capabilities Approach" provide a blueprint for a more inclusive health governance model. It critiques the limitations of current multilateral mechanisms, such as COVAX, and advocates for a transition toward a legally binding Pandemic Treaty that institutionalizes technology transfers and decentralizes manufacturing hubs.

Furthermore, the study explores the intersection of Access to Knowledge and health equity. It argues that the "A2K" movement must be integrated into health law to ensure that publicly funded research leads to accessible health outcomes. By analyzing the friction between trade-related aspects of IP and international human rights obligations, the paper proposes a "New International Health Order" where India plays a bridge-building role between the Global North’s innovation incentives and the Global South’s survival imperatives.

Ultimately, this paper concludes that achieving vaccine equity is not an act of charity but a legal obligation under the framework of international human rights law. It asserts that India’s role is pivotal in steering global health governance toward a "Global Health Justice" model—one that replaces patent protectionism with a regime of collective security and equitable access to scientific progress.

Keywords: Vaccine Equity, Global Health Governance, TRIPS Waiver, Human Rights, Access to Knowledge, India, International Health Law, Distributive Justice.