Bombay HC Door-To-Door Covid Vaccination May Be Implemented If States Permit

Background

• The Hon’ble Bench of Bombay High Court was hearing a plea regarding door-to-door Covid-19 vaccination for citizens above the age of 75 and for those who are specially abled and bed-ridden.
• A petition was filed by Advocate Dhruti Kapadia with Mr Kunal Tiwari informing the Hon’ble Court about several State Governments and Municipal Corporations in Maharashtra had initiated door-to-door vaccination for people without waiting for a policy from the Centre.
• Advocate Kapadia submitted the order passed by the High Court of Uttarakhand directing the Uttarakhand Government to consider the door-to-door vaccination system.
• She also informed the Hon’ble Court regarding a media report on a statement by the State Health Minister, Mr Rajesh Tope that the Health Department was working on allowing door-to-door vaccination for bedridden people and those who cannot go to the vaccination centres. The State Task Force on vaccination duty is in the process of formulating protocols and guidelines for the same, Tope had stated.

Addl. Solicitor General’s Submissions

• The Court asked the Addl. Solicitor General Anil Singh regarding the Centre’s stand on the State’s undertaking door-to-door vaccination process even though there is no such policy from the Centre.
• In response to it, the ASG submitted that the States and UTs have been advised to undertake the system of ‘near to home Covid vaccination centres’ to bring the vaccination services closer to the community and especially for bed-ridden and specially-abled persons.
• He further pointed out that there was a scarcity of vaccines in the nation and as a result of this the NEGVAC (National Expert Group on Vaccine Administration for COVID-19) suggested the ‘near to home’ system.

Court’s Observations

• After hearing the submissions made by Advocate Kapadia, the Bombay High Court Bench of Hon’ble Justices DipankarDatta and G. S. Kulkarni held that there is no prohibition imposed on the States by the Central Government from carrying out door-to-door vaccinations for the elderly and disabled citizens.
• The Court also noted if the state decides to start the door-to-door vaccination process before the next hearing, it can do so and the same can be implemented immediately.
• The Hon’ble Court has sought a response from the BMC conveying its willingness for door-to-door vaccination process and seeking guidelines from the Centre for the same.
• The Court also asked the ASG whether the Centre had taken any steps to prohibit the States from carrying door-to-door vaccination; on this Mr Singh replied in negative.
• The matter was listed to be heard on 22nd June 2021 meanwhile enabling the State Government of Maharashtra to take a decision regarding door-to-door vaccination.

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