Delhi High Court issues directons in a plea filed by Pravasi Legal Cell; seeks priority in vaccination to NRIs and students going aboard

The Delhi High Court on Monday issued directions in a plea to the respondents( Union of India & Another) and asked them to proceed further to provide vaccination to NRIs and student going abroad keeping in mind the law and order.

“Due to the ongoing Covid-19 pandemic a large number of migrant workers and NRIs who normally live and work abroad had returned back to India due to the lockdowns imposed by various countries to contain the spread of Covid19 with the help of Indian Government’s repatriation program which started off in March 2020.”- Excerpt from the plea.

The Division Bench of CJ DN Patel and Justice Jyoti Singh heard the present PIL and issued the orders.

The petitioner in the present plea is a society registered under the Societies Registration Act, 1860 and has filed the petition through Advocate M.P. Srivignesh. The plea averred that, “this intends to benefit a large no. of migrant workers and NRIs who had come back to India due to the lockdown imposed by various countries and who intend to go back to their respective foreign countries for work.”

The main contentions of the petitioner are as follows –

1. PRIORITIZATION OF VACCINE FOR PEOPLE HOLDING VALID VISA AND TRAVELLING FOR WORK

With the vaccination policy, the Government has been conducting the vaccination drive keeping the age bracket in mind. But it is submitted that unless and until, preference is not given to those persons who have valid visa of foreign countries and who normally work and live abroad, it will severely affect them.

2. VACCINATION ON PRIORITY FOR STUDENTS FOR THOSE OPTING FOR FOREIGN EDUCATION

Most of the universities in USA, UK, Europe start the academic year in August or September. By now, most Indian students have got admissions in the universities and many universities are expecting Indian students to get themselves fully vaccinated before they reach the respective countries. So it is also important that such students get priority in vaccination.

3. PASSPORT NO. IN VACCINATION CERTIFICATES

It is imperative on the Respondents to provide option to include passport numbers in vaccination certificate and an option to update vaccination certificate already issued with passport numbers for those people who intend to travel abroad.

4. COVAXIN IN WORLD HEALTH ORGANISATION’S EMERGENCY USE LISTING (EUL)

That the vaccine certificates issued in India does not provide the complete name of Covishield Vaccine and for that reason, it is not accepted for taking travel to many foreign countries. So it is imperative on the Respondents to provide the complete name of the COVISHIELD vaccine in the Vaccination Certificate i.e. "Oxford–AstraZeneca COVID-19 vaccine".

Therefore, the present Writ Petition is filed by the Petitioner in the nature of Public Interest litigation seeking the following relief:

1. a direction to the Respondents to prioritize vaccination for people, including NRIs holding valid visa of foreign countries who normally reside and work and the respective foreign country and also for those students who opt for foreign education with a valid offer letter from the Universities abroad.
2. a direction to the Respondents to provide option to include passport numbers in vaccination certificate and an option to update vaccination certificate already issued with passport numbers for those people who intend to travel abroad.
3. a direction to the Respondents to take appropriate steps to include Covaxin in World Health Organisation's (WHO) Emergency Use Listing (EUL).
4. A direction to the Respondents to provide the complete name of the COVISHIELD vaccine in the Vaccination Certificate i.e. "Oxford–AstraZeneca COVID-19 vaccine"
5. A direction, to the Respondents to permit the beneficiaries going abroad to take COVISHIELD vaccine as per the previous schedule of 4 – 6 weeks.