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Gauhati HC disposes of PIL on priority Covid-19 vaccination to elderly, disabled

The Gauhati High Court on Thursday disposed of a PIL seeking direction to the respondents to give priority for Covid-19 vaccination to the elderly and persons with disabilities/ mental illness by going to their residence, i.e. door to door.

The Court did so after being satisfied that the respondents have taken proper steps to ensure the elderly and persons with disabilities /mental illness would not be left out from the Covid-19 vaccination drive undertaken by the State government. The PIL had been filed by one Nicky Chhakchhuak.

The State respondents submitted an affidavit-in-opposition dated 17.01.2022, wherein it has been stated that in pursuance to the instructions/ advice received from the Ministry of Health & Family Welfare, Government of India with regard to door to door vaccination, the State Level Review Meeting on Covid-19 vaccination drive held on 12.09.2021 resolved to take up the initiative for starting door to door vaccination for the elderly and persons with disabilities.

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The affidavit also states that the Secretary to the Government of India, Department of Health & Family Welfare had directed all States to initiate the process of facilitating vaccination of bedridden persons and persons with disabilities or other special needs. After a line-list of such beneficiaries and their caregivers were prepared at the district level, the Covid-19 vaccinations were to be undertaken by Mobile Vaccination Teams.

The affidavit of the State respondents also gives a report with regard to the door to door Special Vaccination drive undertaken by the State as on 09.11.2021 in respect of elderly persons and persons with disabilities/ mental illness etc. The report also said that caregivers had also been given the Covid-19 vaccination on a door to door basis.

The State Immunization Officer, Directorate of Health Services, Aizawl has also issued letter dated 23.09.2021 to all the Chief Immunization Officers and District Immunization Officers, wherein instructions have been given for facilitating Covid-19 vaccination for bedridden persons and persons with disabilities or special needs by using Mobile Vaccination Teams.

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According to the affidavit, the Secretary to the Government of Mizoram, Health & Family Welfare Department and Chairman of the State Task Force Committee for Covid-19 vaccination has also issued a letter dated 29.09.2021 to all District Commissioners-cum-Chairman, District Task Force for Covid-19 vaccinations, instructing them to give priority to persons with disabilities, persons with mental illness and the elderly during the Covid-19 vaccination drive. The letter also states that a line-list of the above persons should be prepared to achieve maximum coverage of those who are still not vaccinated so that they are able to get Covid-19 vaccination.

While considering the affidavit, the Aizawl Division Bench of Justice Michael Zothankhuma and Justice Nelson Sailo held that the averments made in the State respondents’ affidavit-in-opposition and the documents annexed thereto clearly show that the concerns raised by the petitioner with regard to vaccination of the elderly and persons with disabilities/ mental illness has been acted upon by the State respondents. Further, there is nothing to show that some elderly person or person with disabilities/ mental illness has been left out from the door to door Covid-19 vaccination drive.

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“In light of the above facts, we are satisfied that the respondents have taken proper steps to ensure that the elderly and persons with disabilities /mental illness would not be left out from the Covid-19 vaccination drive undertaken by the State. Accordingly, we are of the view that nothing remains in the writ petition. The writ petition is accordingly closed,”

-the order reads.

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