Covid-19: Uttarakhand High Court Seeks Response From Centre, State On Priority Vaccination For Persons With Disability

A Division Bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma has directed both Central and State Government to file their affidavits in reply by June 21.

The development comes in a PIL filed by one DK Joshi, having benchmark disability due to complete blindness.

His counsel, Advocate Singdha Tiwari has argued that touch and close contact are two ways by which the virus spreads rapidly. The COVID Prevention Protocols demand a six-feet distance, frequent washing of hands and wearing of masks as stringent preventive measures apart from vaccination. However, persons with disabilities and their caregivers require vaccination at a priority level as they may be unable to follow physical distancing, wearing of masks or avoid contact due their disabilities.

"A vast majority of persons with disabilities, due to their disabilities, either rely on tactile modes on a daily basis (in the case of the visually impaired), or may not be able to wear masks due to drooling and related problems, or are incapable of maintaining physical distancing (in the case of persons with autism and intellectual and developmental disabilities) or require a constant caregiver (in the cases of certain persons with disabilities with high-support needs) are class of persons who are per se at high risk. The only way to ensure that persons with disabilities are saved from the COVID 19 is to ensure that all persons with disabilities are vaccinated along with their caregivers based on their UDID cards or certificates of disability," the petition states.

It is submitted that Article 25 of United Nations Convention on Rights of Persons with Disabilities, 2006 obligates all States Parties to recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. They are further obligated to take all appropriate measures to ensure "access for persons with disabilities to health services".

It is thus urged that special camps may be organized at district levels for vaccination of persons with benchmark disabilities and their caregivers during third phase of vaccination, under the supervision of District Disability Welfare Officer. The plea also seeks directions for conducting a door to door vaccination drive.

Assistant Solicitor General Rakesh Thapliyal appeared for Union of India. Chief Standing Counsel CS Rawat appeared for the State

The matter is now fixed for hearing on June 23.

Last month, the Karnataka High Court directed the State government to evolve a scheme or mechanism for giving priority to vaccination of covid-19, to persons with benchmark disabilities. The High Court of Madras also urged the Tamil Nadu Government to take similar steps. Petitions on this issue are also pending before the High Courts of Allahabad and Orissa.

Also Read: 'Early Decisions Could Have Saved Lives' : Bombay High Court Tells Centre On Door-to-Door Vaccination 

Case Title: DK Joshi v. State of Uttarakhand & Ors.

Click Here To Download Order

Read Order