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Fully Vaccinated Person Given Only 1st Dose Vaccine Certificate?: Delhi High Court Seeks Authority's Response

LIVELAW NEWS NETWORK
22 July 2021 9:35 AM GMT
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The Delhi High Court has sought a response from the concerned authorities regarding an alleged discrepancy in the Covid-19 vaccination certificate issued to a fully vaccinated woman. Justice Rekha Palli has granted two weeks' time for filing of a counter affidavit in the matter.

The Petitioner, a Delhi woman named J Mangalam, claims that she was issued a certificate for 1st dose of vaccination upon administration of the second vaccine shot at the Kalawati Saran Children Hospital (KSCH). Thus, her case is that despite being fully vaccinated, she cannot benefit the same.

The woman claimed that she was administered the first dose of Covaxin on March 23, 2021. However, no certificate was issued to her at the time. Subsequently, she was administered the second dose of Covaxin on May 3, 2021. This time, she was certified with the first dose administration, Advocate Sayed Hasan Isfahani informed the Court.

Advocate Anuj Aggarwal, appearing for the Respondents, told the Court that vaccine certificates are issued through the CoWIN app under the aegis of the Ministry of Health and Family Welfare, Government of India.

The Court has asked him to look into the issue.

Background

The petitioners represented by Advocate Syed Hasan Isfahani narrate that both the Petitioner and his husband got vaccinated on the same day. The respondent hospital told them that they would recieve an SMS link to downlaod the vaccination certificate. On the other day, while the husband's vaccination certificate was received, the Petitioner's was not received. On enquiring with the hospital, they dismissed their grievances in an impolite manner, refusing to skim through their records. At the time of the second dose, the Petitioner again raised the issue with the doctor, who told them that a technical glitch had resulted in the delay, assuring them of the certificates. However, instead of issuing a certificate for Dose 2, a Dose 1 certificate was issued. The petitioners communicated to the respondents for redressal of their grievance, but no corrective action was taken.

In summary, the grievance of the Petitioner is that the hospital is required to issue two independent and distinct vaccination certificates immediately mentioning that Mrs. J Mangalam has been vaccinated for both 1st and 2nd dose on the above dates. However, the certificate issued indicates that the Petitioner was administered only the First Dose.

The petition also states that the respondent-hospital is duty-bound to issue requisite certificates. The failure on their part raises serious doubts of misappropriation of vaccines and deliberate attempts to defame, disintegrate and put it off the track of the massive vaccination program. It also urges that the act of the respondent-hospital amounts to discrimination under Article 14 of the Constitution of India, causing harassment to the Petitioner. In the absence of such a certificate, she cannot travel to those places requiring to furnish a certificate of administration of both the doses of vaccination. It also urges that now to get the certificate for Dose 2, the Petitioner will have to get another (third) dose of vaccination against prescribed medical norms.

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