Why Wait For Centre's Approval For Door-to-Door Vaccination? Bombay High Court Asks Maharashtra Govt

Based on the State Task Force Guidelines on Home Vaccination, the proposal on experimental basis is only for bedridden patients and includes strict compliance with specific conditions. The State submitted the proposal in an affidavit to the court with a rider that it would require the Centre's nod first.

Incidentally, while the Centre has time and again not only refused to come up with a door-to-door immunisation policy for the elderly, it has issued advisories to states against undertaking the same, asking them to implement their Near-to-Door jab policy instead. Moreover, it has declined BMC's proposal in the past.

The bench emphasised that matters related to Health fall under the State list in the Constitution of India.

"We had appreciated the Task Force's Guidelines during the last hearing, but the State's affidavit takes a step back. Please compare the task force's guidelines and what is stated in the affidavit. Health falls under the State list. Do you'll seek the Centre's permission for everything?" Chief Justice Dipankar Datta said while asking the Advocate General to respond to their observations on Wednesday.

The bench has been hearing a PIL by advocate Dhruti Kapadia and Kunal Tiwari seeking door-to-door vaccination for the elderly above 75 years, the disabled and immobile since April. It has passed innumerable orders, asking the State and Centre to consider the plight of immobile citizens.

In an earlier hearing, the bench observed that the Central Government has not explicitly prohibited State governments from providing door-to-door vaccination and asked the Maharashtra Government to decide if it will undertake door-to-door vaccination by June 22.

The court had also taken cognisance of Maharashtra Health Minister - Rajesh Tope's – statement that the Health Department is 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.

In the last hearing, State's Counsel Geeta Shastri sought time while showing the court a copy of the draft guidelines prepared by the task force, and the bench had recorded its appreciation of the guidelines in its order.

Stringent Conditions For Vaccination include

1. Mandatory medical certificate saying the patient is bed ridden
2. Arrangements to be made for 10 beneficiaries to take vaccination along with the immobile patient to avoid wastage as there are 10 vaccines per vial.
3. Mandatory written consent of all family members.
4. Medical certificate from the patient's treating doctor saying the patient is not likely to suffer from Adverse Effects Following Immunization, and the doctor will take full responsibility for treatment if he does.

Background

The bench had observed that several lives could have been saved if the centre had a door-to-door vaccination policy for the elderly and bedridden a few months ago.

On May 20, the Bombay High Court granted the National Expert Group on Vaccine Administration for Covid-19's (NEGVAC) time till June 1, 2021, to decide on a door-to-door policy for citizens who would not be able to visit vaccination centres.

In response, the centre filed an affidavit last week, giving a five-pointer on why door-to-door vaccination was not feasible and why 'near-to-door vaccination' was a more appropriate policy.

[Dhruti Kapadia vs UOI]