Centre says Covid jab policy, merely advisory; Bombay HC gives Maha govt week to decide on door-to-door scheme for elderly

MUMBAI: With the Centre’s counsel saying its Covid Vaccination policy is “merely a guideline or advisory’’ with no categorical prohibition on states to provide door-to-door shots for the elderly and disabled, Bombay high court on Monday gave the state a week to decide on such a doorstep policy.
When asked by a bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni on Monday if the Centre had sought to prohibit certain states like Kerala and Union Territory of Jammu & Kashmir which commences door to door vaccination for the elderly and bedridden, additional solicitor general Anil Singh appearing for the Central government reiterated that its policy was advisory in nature and states were “expected to follow it.’’
The HC in its order, after a hearing via video conferencing in a PIL by two lawyers, said, “From such reply of …Singh, it clearly appears to us that there is no categorical prohibition imposed by the Central Government for the States to undertake a door to the door vaccination programme, for the elderly and disabled citizens.’’
BrihanMumbai Municipal Corporation (BMC) through its counsel Anil Sakhare when asked by the HC said the civic administration for Mumbai would follow the directives of the state if it permits door-to-door protocol for vaccinating the homebound. He said it would await the State’s directions.
Sakhare even requested that a short time limit be set for the state to issue any such protocol which ought to also mention the modality of the number of people to assist with the home jabs and to make sure there is no wastage of the vaccine once the vial is opened.
The HC was hearing public interest litigation (PIL) filed early April by two city lawyers Dhruti Kapadia and Kunal Tiwari for a policy to enable home jabs to the elderly aged over 75 and other specially-abled, bedridden or homebound.
Kapadia had submitted a compilation containing a news article about the state government working on protocols for door-to-door vaccination as announced by the state health minister Rajesh Tope.
The state government lawyer read out the news report and sought time to take instructions from the Department particularly on what the minister said.
The HC said, “accordingly,” adjourned the PIL proceedings to June 22, “to enable the State Government to take an appropriate decision on the issue of the door to door vaccination of the elderly and disabled.’’ The HC order added that if the State decision is taken before the next date, all concerned were free to implement it immediately.
The Centre said NEGVAC as a ‘national policy’ at this stage, found ‘door to door’ Covid-19 vaccination not advisable at present stage due to risk in managing any Adverse effect following immunization (AEFI) and maintaining other protocols on cold-chain, to ensure no wastage.
The Union health ministry in a reply to the BMC commissioner on his June 10 request for permission to undertake door-step jabs for the severely ill elderly, specially-abled and bedridden, “advised’’ that the national “guidelines and advisories as per the National Covid-19 vaccination programme’’ be followed instead, as these included ‘near to home’ meant for the elderly and differently-abled citizens, instead.
The Centre’s May 27 ‘near to home’ vaccination scheme was on the recommendation of the National Experts Group on Vaccine Administration for COVID-19 (NEGVAC). The ASG reiterated that the experts keep meeting and its (centre’s) policy was not fixed but could change, in time.
The HC had in its order on June 9 said the Centre’s policy which wanted citizens to come to the Covid vaccination Centres (CVC) but made “absolutely no provision for the bedridden’’ had an “element of discrimination laced on it.’’
Kapadia also pointed to a June 9 order of the high court of Uttarakhand at Nainital directing the state there to consider the possibility of a door-to-door vaccination scheme for those in need.
Bombay Parsi Punchayet also wrote to Kapadia about how 15-odd senior citizens residing in its Kharegat colony Dharamshalla in Mumbai, hailing from lower financial strata were not receiving their vaccination for lack of Aadhar cards. Their non-vaccination may be a “great risk” to other residents, said A S Sarkari, Chief executive officer, Funds and Properties of the Parsi Punchayet Bombay, in the letter on Monday.
The state government pleader Purnima Kantharia submitted that the protocol and policy permit seven different ID cards, not just Aadhar, even a driving license. Kapadia said proper awareness is required to ensure the Vaccinating staff is aware and allows other permitted IDs. The HC asked Kapadia to give particulars of where and when they were denied, instead of a general statement of their lack of shots, so that the order can redress their grievance rather than be a general direction for compliance.