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The Delhi High Court on wednesday while hearing a PIL filed by advocates Siddharth Seem and Joicy, seeking priority vaccination for persons with disabilities (PWD), issued notice to the Union Ministry of Health and the Delhi government.

The Division Bench of Chief Justice D. N. Patel and Justice Jasmeet Singh issued notices on a plea filed by two disabled persons through their advocates.

In the present Public Interest Litigation the petitioner seeks directions to the Respondents to treat persons with disabilities on priority basis and to make special provisions for them for administering the vaccine for Covid-19, in terms of the mandate under Section 25 (1) and Section 8 of the Rights of Persons with Disabilities (“RPWD”) Act, 2016 on the grounds that,

Firstly, persons with disabilities are more vulnerable to contracting the virus, as they are unable to follow measures such as social distancing, if they need care-takers, or wearing a mask, such as for persons with cerebral palsy, autism or any developmental disability.

Secondly, persons with disabilities face more severe symptoms and a higher mortality rate due to Covid-19 compared to other persons.

Thirdly, persons with disabilities depend upon medical assistance which has been strained during the pandemic and therefore they suffer from poorer health during the pandemic, whether or not they are infected with Covid-19.

The facts of the present case stated that, petitioner No. 1 is a person with disability and has Kypho Scoliosis, Polio Left Shoulder, Fatty Liver Grade 2, and his Left Shoulder was fractured recently and petitioner No. 2 has CP (mixed) quadriplegia and has celebral palsy, she has 90% permanent physical impairment in relation to her whole body and

It must be noted that Articles 14 and 21 of the Constitution of India require that persons with disabilities are given preferential treatment in access to healthcare to prevent indirect discrimination due to unequal access to the healthcare infrastructure.

“Therefore by failing to make special provision and providing for preferential treatment for persons with disabilities in the administering of the Covid-19 vaccine, the Respondents are in violation of the constitutional mandate. The protocols and guidelines for vaccine administration issued by the Respondents which fail to mention the special needs of all persons with disabilities are therefore further in violation of the fundamental rights of persons with disabilities uses a wheelchair for her mobility.”-stated the plea.

In view of the facts and circumstances of the present Writ Petition, the Petitioners prayed for the following reliefs-

(a) Issue an appropriate writ, order or direction directing the Respondents to treat all persons with disabilities that qualify as per the Rights of Persons with Disabilities Act, 2016 on priority basis for administering the Covid-19 vaccine irrespective of their age;

(b)Issue an appropriate writ, order or direction directing the Respondents to administer Covid-19 vaccine to all consenting persons with disabilities along with their care takers irrespective of their age free of charge;

(c) Issue an appropriate writ, order or direction directing the Respondents to provide Covid-19 vaccination to all consenting persons with disabilities along with their care takers at their own home free of charge;

(d)Issue an appropriate writ, order or direction directing the Respondents to have special counters at all Covid-19 vaccination centres dedicated for persons with disabilities that should be accessible;

(e) Issue an appropriate writ, order or direction directing the Respondents to proactively contact persons with disabilities as per the record maintained by the District Disaster Management Authority constituted under Section 25 of the Disaster Management Act, 2005 to register consenting persons for Covid19 vaccination, and to update the records if they are not updated;

(f) Issue an appropriate writ, order or direction directing the Respondents to make provision for persons with disabilities and their care-takers to register for the Covid-19 vaccination through missed call to ensure that persons without digital access can register for the vaccine;

(g)Issue an appropriate writ, order or direction directing the Respondents to additionally provide on-the-spot registration at the Covid-19 vaccination centres to all persons with disabilities and their care-takers without having to register on COWIN app or any other online or offline method;

(h)Issue an appropriate writ, order or direction directing the Respondents to carry out vaccination drives in institutions for abandoned and destitute persons with disabilities run by Government and NGOs;

(i) Issue an appropriate writ, order or direction directing the Respondents to carry out vaccination drives in mental health institutions and psychiatric nursing homes run by Government, private as well as NGOs;

(j) Issue an appropriate writ, order or direction directing the Respondents to carry out vaccination drives for persons affected with leprosy and their family members free of cost;

(k)Pass any other order or relief that this Hon’ble Court may deem fit, just and proper considering the facts and circumstances of the case.

Case title- Mohd. Faisal Nawaz & Anr. v.  Government of NCT of Delhi & Anr