What Is The Case
● A 12-year-old has filed a petition in the Delhi High Court requesting orders to vaccinate youngsters aged 12 to 17 in Delhi immediately, as well as to prioritise vaccination among parents with children under the age of 17.
● Tia Gupta (12 years old) and her mother have filed a petition with Advocates Bihu Sharma and Abhinav Mukerji, asking for the formulation of a comprehensive National Plan for Children, which would encompass all elements of their protection from the impacts of the covid 19 pandemic.
● The case will be heard by a division bench consisting of Chief Justice DN Patel and Justice Jyoti Singh tomorrow.
Details Of The Case
● The plea claims that the Indian Vaccine Policy against COVID-19 failed to consider children or their parents, who are a vulnerable section of society: "Respondents have failed to prepare a National Plan for children in adherence to the guidelines as given under the National Disaster Management Plan 2019, formulated under the Disaster Management Act 2005 ("DM Act").
● The petitioner is concerned "as to why the Respondents are not attempting to protect their fundamental right to life, by ensuring mitigation measures such as access to vaccination for children in India," according to the plea, which describes the 12-year-old as an "aware and tech-savvy child like all her other peers."
● As a result, the plea reads, "The Petitioners and other similarly situated persons demand justice that is being denied to them." Furthermore, the current writ is consistent with Article 12 of the United Nations Convention on the Rights of the Child, which establishes every child's right to freely express their opinions on matters that affect them and requires governments to ensure that children's voices are heard and taken seriously. The Juvenile Justice (Care and Protection) Act of 2015, as well as the National Policy for Children of 2013, contain the aforementioned provisions. As a result, the Respondents must take appropriate precautions to protect children from the current pandemic."
Prayer Made In The Plea
● Issue a mandamus writ ordering the Respondents to put in place an acceptable vaccine programme for children residing in Delhi and to make the vaccines available as soon as possible.
● Give the Respondents a writ order or directive in the type of mandamus to give precedence in vaccination to parents of children who live in Delhi.
● Issue a writ order or mandamus order compelling the Respondents to develop a comprehensive National Plan for children that addresses all aspects of their protection from the pandemic's negative consequences.
What do you think about the case?
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