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In lieu of the rising number of beneficiaries awaiting for their second dose of CoVID vaccine in the state & the availability of vaccine, the Karnataka High Court bench of Chief Justice Abhay Oka & Justice Aravind Kumar to protect the fundamental right to health guaranteed under Article 21 of the Constitution of India has asked the Central & State Government to procure adequate quota of vaccine to administer the same to the citizens whose second dose is overdue.

“We have already held that the right to health is an integral part under art 21. As a part of the right to health, the Central Government came out with the policy of vaccination. If those who are taken the 1st dose are not administered 2nd dose, this would call for violation of Fundamental Rights. If they are required to take the first dose again, it will be a huge national waste.”, the Court remarked.  

ASG Ms Aishwarya Bhati assured the Bench that the Central Government would take every endeavour to ensure that those who have taken the 1st dose are not denied 2nd dose & also requested for the State Government to provide an adequate data of the number of people in the state whose 2nd vaccination was due. It is in the light of the assurance by ASG Bhati, the Court although did not issue any mandatory directions but directed the Central Government to place on record the decision related to allocation of vaccine to the state.  State Government was also directed to place on record district wise data of the number of people to whom a second dose was to be administered.

By taking note of the letters issued by the Central Government with respect to preserving the vaccine allocated by the Centre to the state in the ratio of 70% & 30% for 2nd & 1st dose respectively, the Court directed the State to not falter on this aspect.

On the issue of food security, the Court directed the Centre & State to take a call & extend the benefits prescribed in the Atma Nirbhar Scheme as per which the Central Government declared to provide last year for the period of two months May and June, 2020, 5 kgs of food grains and one kg of pulses to the migrant labourers who were not covered by the Public Distribution System under the National Food Security Act.

Taking note of Ld Advocate General Shri Prabhuling Navadgi's submission, the Court further directed the State to look into the aspect of identification & provision of ration kits to vulnerable sections of the State. With respect to the scheme of Indira Canteen as per which the state proposed to provide cooked meals for three times in a day in coordination with NGOs, the Court directed the State to place on record the necessary details & also issued directions for restoring the Bassova Helpline thereby enabling the people in need to complaint for food shortage. 

Relying on the reported submitted by the Committee constituted by Karnataka Legal Services Authorities (KLSA) on the issue of death of 24 patients due to alleged shortage of oxygen in the state hospital in Chamranagar, the Court noted that the State would have to take a stand on the issue of compensating the families of victims. 

“It is needless to add that right from the decision of Apex Court in the case of Rudal Shah v. State of Bihar followed by case of Nilabati Behra & various decisions rendered subsequently they hold that state has to grant compensation for violation of FR. The state will have to consider this issue. The State will also have to take a call on the aspect of responsibility in case of lapse.”, the Court further added.

The Court also took note of the death of Court Staff today morning due delay in medical treatment for CoVID as a result of delay in reports & directed the State to look into the aspect of providing CoVID results within 24 hours of collection of samples & taking appropriate steps against the Lab Authorities.