Delhi High Court issues notice in plea seeking vaccination of children, prioritise vaccines for parents of newborns & children
The Delhi High Court on Friday, issued notice in a plea seeking vaccination of children between the ages of 12-17 years, in Delhi as well as to prioritise vaccination amongst parents having children up to 17 years of age, especially small children, newborns to 12 years of age.
The bench of Chief Justice DN Patel and Justice Jyoti Singh took up the plea which has averred that the vaccination policy of India against CoVID 19 has failed to factor in children or parents of children who are a vulnerable section of society, for vaccination against the deadly virus.
“India has experienced the second wave of Covid-19 pandemic wherein the virus has infected and adversely affected children too. Data from across the country, including Delhi, has revealed that between April 2021 to May 2021, the number of reported cases of children infected and suffering COVID 19 has risen tremendously. In hospitals the caseload of COVID cases in children has increased and press reports state that the numbers of children getting infected is rising. There are also reports of many children getting orphaned due to deaths of their parents.”, the plea states.
The plea preferred by Tia Gupta and filed through Avocate Bihu Sharma and Abhinav Mukhrejee states that the evidence that unvaccinated children are more likely to develop a new, more powerful Covid-19 strain, is reflected in the prevalent 'second wave', which has infected many more children than the 'first wave' in 2020.
The petitioners have averred that the Centre has failed to prepare a National Plan for children in adherence to the guidelines as given under the National Disaster Management Plan 2019, formulated under the Disaster Management Act 2005 ("DM Act"), which clearly recognized children and their vulnerability during a 'biological health emergency', such as the present COVID pandemic.
It has further been averred that if CoVID vaccine is safe and effective as other standard childhood vaccinations and also safe for adults, then the Centre should have no reason to not inoculate children with the said vaccine and to prioritize vaccination for parents of young children, because if a child gets infected, the parents will be the only caregivers to such small children.
“During the present pandemic, the Respondents have a constitutional obligation to protect the children, who are a vulnerable section of society. Children are entitled to fundamental rights, just the way adults are. The State is obligated to recognize the vulnerability of children during this pandemic and accordingly take all suitable vaccination measures for them, along with other preventive medical infrastructure measures to ensure mitigation of the 'disaster'. Second, children have a fundamental right to be a beneficiary of COVID-19 vaccines which are being promoted as an easy, low-cost way to avoid the infection which may cause them serious harm or death.”- excerpt from the plea.
Reliance has been placed on recognition of importance of vaccinating children alongside adults by various countries such as Canada, USA where vaccines are being produced and administered for children between the ages of 12-17 years to further aver that the Centre should commence administering appropriate vaccines to children in India keeping in view the rising number of CoVID cases in children.
The plea along with giving priority in vaccination to parents of children who are residing in Delhi and directing the respondents to put in place appropriate vaccine protocol for children residing in Delhi has also prayed for directing the respondents to formulate a comprehensive National Plan with respect to children covering all aspects of their protection from the ill effects of the pandemic.
Case Title: Tia Gupta and Anr v. Union of India and Ors| W.P.(C) 5581/2021