“No categorical prohibition imposed by the Centre for the States to undertake a door to door vaccination programme”, observes Bombay HC
The Bombay High Court on Monday while hearing the plea related to door to door vaccination drive for elderly and disabled citizens, who would not be able to visit immunization centres observed that the Central Government has not explicitly prohibited State governments for the same.
“…it clearly appears to us that there is no categorical prohibition imposed by the Central Government for the States to undertake a door to door vaccination programme, for the elderly and disabled citizens as described by us in paragraph one of our order dated June 9, 2021.” – observed the Court.
The Division Bench of CJ Dipankar Datta and Justice GS Kulkarni thus, adjourned the proceedings to June 22, 2021, to enable the State Government to take an appropriate decision on the issue of door to door vaccination of the elderly and disabled.
The Bench further observed that, “in the event a decision is taken permitting door to door vaccination, prior to the adjourned date of hearing, all concerned shall be free to implement the same immediately.”
It must be noted that by a letter dated June 10, 2021, the Municipal Commissioner had informed the Secretary, MoHFW, Government of India, of the Municipal Corporation of Greater Mumbai’s (MCGM) willingness to conduct door to door vaccination, and if permitted, such course of action could be commenced. The Bench had accordingly adjourned the hearing of the proceeding to enable Mr.Singh, learned Additional Solicitor General to obtain the version of the Government of India on such letter of the MCGM.
The ASG Anil Singh informed that the Centre has responded and stated that the State / UT’s have been repeatedly advised to operationalize ‘Near to Home COVID Vaccination Centres’ (NHCVCs) in order to bring vaccination services closer to the community for elderly and differently abled persons and to operationalize such units in Community Centres, Resident Welfare Association centers/offices, housing societies, colonies, panchayat ghar/offices, school and college buildings, old age homes etc. in regard to which SOP has been issued on May 27, 2021.
The ASG further informed the Bench that,
“the issue of door to door vaccination for disabled and elderly was deliberated by technical experts in the meeting of ‘National Experts Group on Vaccine Administration for COVID-19’ (NEGVAC), which has advised that vaccination cannot be given at doorstep due to various issues and risks associated with maintenance of proper cold chain, potential contamination of vaccine, AEFI’s management, vaccine wastage, potential of COVID-19 protocols being compromised, etc. In view of such considerations, the MCGM was advised to follow the guidelines and advisories as per the National Covid-19 Vaccination Programme.”
On the contrary Advocate Dhruti Kapadia( petitioner) has placed on record compilation of documents which included an order dated June 9, 2021 of the Division Bench of High Court of Uttarakhand where the Bench directed the State Government to consider the possibility of creating a system in regard to ‘door to door vaccination. Further, a media report in regard to a statement of Shri.Rajesh Tope, Hon’ble Health Minister, Government of Maharashtra, that the State Health Department was working on allowing home inoculation for those who are bedridden and cannot go to the vaccination centres, for which the State Task Force on vaccination is in the process of formulating protocols and guidelines.
The compilation by Advocae Kapadia also included a media report that Bikaner is the first city in India to start door to door COVID vaccine for adults aged 45 years and above.
The Bench further made a query to Mr.Singh (ASG) as to whether the Government of India had in any manner prohibited the State of Kerala, Union Territory of Jammu and Kashmir and the other States who have commenced door to door vaccination to stop the same. To this the ASG replied, “What has been issued by the Government of India is merely a guideline/advisory.”
Further, the Senior Advocate Anil Sakhare for the MCGM informed that MCGM would begin door-to-door vaccination if the State Government issued guidelines without waiting for a national policy.