Bombay High Court: Door to Door COVID Vaccination Policy Can Be Implemented if State Permits.

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Case: Dhruti. M. Kapadia vs Union of India 

 

Petitioners Submission 

The municipal commissioner had informed the secretary Ministry of health and family welfare that the Municipal Corporation of Greater Mumbai was willing to conduct door to door vaccination if permitted by the government of India. The additional secretary of the Ministry of health and family welfare had said that as per the COVID-19 vaccination guidelines the vaccination was provided at identified government and private vaccination centres. The Petitioner submitted that in order to bring vaccination services for the community of elderly and differently-abled persons the door to door vaccination policy could be implemented. The Petitioner had also submitted to operationalise such units in community centres, resident welfare association centres, housing societies, colonies, school and college buildings, old-age homes etc.

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The Petitioner also submitted that several state governments in India and municipal corporations initiated the door to door vaccination for their citizens without waiting for a policy from the Centre.  The Petitioner further submitted an order passed by the High Court of Uttarakhand where the Uttarakhand government had created a system for door to door vaccination. It was submitted that the state health minister had been working on allowing home inoculation for those who were bedridden and cannot go to the vaccination centres. It was also stated that the state was formulating a process and a series of guidelines and protocols for the same.

Petitioners prayer

The Petitioners prayed that the state government should take an appropriate decision on the issue of the door to door vaccination policy for the elderly and the disabled people and also to formulate a proper guideline and protocol for the implementation of this vaccination policy. The Petitioner had also prayed to operationalise such units in community centres, resident welfare association centres, housing societies, colonies, school and college buildings, old-age homes etc.

Court’s observation

The Court had asked for a response on the application made by the Mumbai operation expressing his willingness and seeking guidelines from the Centre at the same time. The Court had also observed that vaccination could be given at doorstep due to various issues and risks associated with maintenance of proper cold chain, potential contamination of vaccine, AEFI’s management, vaccines wastage, the potential of COVID 19 protocol being compromised etc.

Court’s Decision

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The Court had decided to adjourn the proceedings to June 22, 2021, in order to enable the state government to take appropriate decisions on the issue of the door to door vaccination of the elderly and disabled.

Click here to view the judgement

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