[Stray dog attacks] Plea before Supreme Court seeks study over efficacy of current Rabies Vaccines

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Synopsis

It is petitioner's case that while the Animal Birth Control (Dogs) Rules, 2001 provides an efficient mechanism of sterilization/ vaccination of dogs, there is an urgent need to ensure proper quality control of anti-rabies vaccines that are being administered to both humans and dogs.

A plea has been filed before the Supreme Court seeking a direction for constituting an independent expert committee to study the efficacy of the Intra Dermal Rabies Vaccines currently being administered to Humans, on account of the number of deaths that have occurred despite timely administration of the vaccines.

Filed by Kerala Pravasi Association, the petition also seeks constitution of an independent expert committee to study the effectiveness of the Rabies Veterinary Vaccine administered to dogs in India, given the rise in the number of rabies cases.

Furthermore, a direction has been sought to the Union of India to give wide publicity and to ensure proper and uniform implementation of the National Guidelines for Rabies Prophylaxis, 2019 with appropriate revisions from time to time as per the latest developments and scientific evidences endorsed by the World Health Organisation.

Citing recent incidents where persons bitten by dogs succumbed to rabies, despite post-exposure prophylaxis, the plea raises questions regarding the treatment protocol.

The Association has relied on newspaper reports which reveal that there are instances where vaccines were being procured even before requisite approvals were obtained from the Central Drugs Laboratory as per the norms.

"As per the guidance note issued by National Centre for Disease Control, manufacturing of Rabies vaccine for humans, being a complex process, needs a minimum of three to four months for manufacturing and testing. Shockingly, there have been instances where the vaccine has reached the State within 14 days of manufacture. Non-adherence to the requisite C quality checks would be a direct violation of Articles 14, 19 and 21 of the Constitution of India, apart from violations of provisions under the Drugs and Cosmetics Act, 1940 and Rules thereunder", the plea reads.

It has been further submitted that the rise in the number of rabies-infected dogs is also a matter of concern; which necessitates an enquiry into the quality of anti-rabies vaccines administered to dogs.

Eliminating the risk of rabies at its source i.e., dogs, is the most effective measure to curtail the spread of rabies, the plea adds.

"The experts suggest that human rabies is a 100% vaccine preventable disease and the vaccines are considered to be “highly effective, safe and tolerated”. Perforce, without vaccination, rabies is a fatal disease. While improper administration of IDRV is stated to be a possible reason for failure of the medicine in some cases, the recent deaths points towards the very efficacy of the vaccine", the plea states.

The petition also seeks direction to call for the records pertaining to instances, if any, where vaccines were procured by the State Governments without statutory approvals by the Central Drugs Laboratory.

The plea has been filed through Advocates Kuriakose Varghese and V. Shyamohan, KMNP Law.

Case Title: Kerala Pravasi Association through its President and Anr vs. Union of India and Anr.