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A Supreme Court bench of Justices Chandrachud and Sanjiv Khanna today disposed a petition filed by Delhi Commission for Protection of Child Rights (DCPCR) with the directions to Union Government to consider the commission’s grievance at the policy making stage. DCPCR had filed a writ petition under Article 32 to provide effective access to vaccination to pregnant women and lactating mothers.

Vrinda Grover, advocate, appearing for the petitioner, submitted the affidavits of Union of India would substantially cover the concerns raised by DCPCR. She however raised concerns such as the fact that framework for vaccination is based on a voluntary verbal declaration and that a woman who visits the vaccination centre may not be aware of the need to make such a declaration. Hence it was submitted that COWIN portal be modified to facilitate that such a provision is made. Grover submitted that in case adequate data sets on vaccination is published by the government, it will help in bolstering the confidence of pregnant women and lactating mothers.

Aishwarya Bhati, ASG, submitted that in the ongoing process where the decisions are being continuously evolved, the government is hesitant to implement these suggestion at the present stage, however it can be considered eventually. She further submitted that the provision for verbal declaration was brought in to ensure that no person is dissuaded from getting themselves vaccinated. On publishing the data, she submitted the publication of the raw data may not be appropriate and it will be done after due scrutiny. She further submitted that COWIN portal has taken a back seat now that walk in vaccinations are encouraged.

The court on hearing the parties held that these suggestions would involve application of mind by experts, the court may not be able to take a decision unaided by experts.

The court held that they are of the view that it would appropriate that these suggestions be placed before the expert group so that it can be considered at policy making level.

The PIL filed by the Delhi Commission for Protection of Child Rights through Advocate Prateek K Chadha further sought directions for the Government to include pregnant women and lactating mothers within the vaccination drive on a priority basis and set up a task force to work on operationalising a standard procedure and in materialising a mechanism to track and monitor Pregnant Women & Lactating Mothers post-vaccination.

Case Title: Delhi Commission for Protection of Child Rights Vs Union of India & Anr