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The Bombay High Court on Tuesday sought the response of Maharashtra government as to why it needs an approval from the Centre to start door to door vaccination against COVID-19 for senior citizens, specially-abled and bedridden persons in the State.

 A public interest litigation (PIL) filed by two advocates Dhruti Kapadia and Kunal Tiwari that seeks direction to the Union government to start door-to-door vaccination for senior citizens above the age of 75, specially-abled persons and those who are bedridden.

The Bench was informed by the petitioner Advocate in person Dhruti Kapadia that affidavit stated that once the State government approves this proposal, it will be sent to the Central government for its approval.

The Division Bench of CJ Dipankar Datta and Justice GS Kulkarni expressed their displeasure on this point,

“Advisory says that approval has to be obtained from the Centre? Has Kerala & Bihar sought approval?”

The Bench observed that while it appreciated the State Task Force for its guidelines, it was dissatisfied with the affidavit of the health department produced before it.

Following has been introduced in the affidavit presented by the State Government-

• Home vaccination will be done only for beneficiaries who are truly immobile and bed-ridden; hence such a certificate from a treating doctor of the beneficiary has to be obtained.
• The certificate by the treating doctor must also certify that the concerned beneficiary is not likely to have Adverse Events Following Immunization (AEFI) and the family member of the beneficiary shall mandatorily provide written consent;
• In any case, if the beneficiary gets AEFI, then such treating doctor shall be entirely responsible to manage and administer the appropriate treatment.
• In order to avoid vaccine wastage, at least 10 concerned beneficiaries shall mandatorily be made available in close proximity as 1 vial of the COVID-19 vaccine contains at least 10 doses.

Previously, the Division Bench had adjourned the proceedings 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 had 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.

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.