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In view of the rapid spread of the second wave of CoVID 19 pandemic, a plea has been moved in the Supreme Court seeking administration of the CoVID 19 vaccine to people aged 18 & above.

It has been argued that administration of the vaccine in itself takes between 6 to 8 weeks for both the doses & by the time the vaccine would reach the age group of 18 years, CoVID 19 virus would further spread more rapidly & would give rise to a situation for imposition of another lockdown.

“Age wise classification of persons is on the face of it violative of Article 14 & 21 of the Constitution of India especially in view of the surge in the CoVID 19 cases. Classification of persons with co morbidities on the age basis is arbitrary & runs foul of Article 21 & 14 of the Constitution of India”, the plea reads. 

The petitioner avers that CoVID 19 vaccines should be made available to a large segment of people as this will help in containing the spread of virus.

“The same is likely to be spread by the said age group since such persons constitute the majority of the working population & move around & come in contact with other people”- excerpt from the plea.

The plea has been filed by Advocate Rashmi Singh through Advocate on Record MR Shamshad stating that by not vaccinating the age group of 18 years & above, the Ministry of Health is making way for them to spread the virus to the more susceptible groups comprising of the elderly as well as persons with co morbidities.

The plea will be heard by the Supreme Court Bench comprising Justice Ashok Bhushan & Justice R Subhash Reddy on April 19, 2021.

It has also been averred that marginalised sections of the population including daily wagers, labourers & persons falling below the poverty line also form a large part of the population within the age group of 18 years & above. 

“Such persons simply cannot survive without a continuing source of livelihood which is likely to be taken away if a lockdown is imposed in view of the rising cases of the CoVID 19 pandemic.”, the plea in this context states.

In light of the above, the petitioner seeks for issuance of directions to provide the vaccination to people belonging to the age group of 18 and above. 

Case Title: Rashmi Singh v. Union of India| WP(C) 458/2021