New Delhi: Supreme Court on Wednesday left the decision whether to implement door-to-door Covid 19 vaccination, to the states saying that a general order could not be issued considering the diversity of conditions across states. The court was hearing a public interest litigation (PIL) filed by the Youth Bar Association of India, seeking door-to-door vaccinations for all citizens, especially the elderly, special children with disabilities, the less privileged, and those who could not register online.
In directing the petitioner to approach the Ministry of Health and Family Welfare (MoHFW) with their suggestions, the bench of justices Dhananjaya Y Chandrachud, Vikram Nath and Hima Kohli observed, ‘The vaccination programme is already underway and has progressed considerably. At this stage it is difficult for us to issue general directions having regard to the diversity of conditions existing in the country. Any direction by us should not impinge upon the administrative power of the state governments to take any decision, including door-to-door vaccination.’
The Bombay high court asked the Maharashtra government to consider providing door-to-door vaccinations for the elderly and those in bed or wheelchairs in July. While acknowledging the Bombay high court order, the top court reminded the petitioner, ‘These are not matters where with one brush you can pass a direction for the entire country. Can you say the same conditions exist in Ladakh as in Uttar Pradesh or any urban area has the same conditions as prevailing in rural areas?’
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In addition, the court asked the petitioner organization, made up mostly of lawyers, whether they had checked the feasibility of carrying out such an exercise. ‘These are matters of research and for you to just come to court and seek directions is not enough. You have just picked up an issue and want door-to-door vaccination. Nobody has applied their mind if this is feasible. When you ask for such relief, you do not understand the diversity of this country and complexity of the problem.’
In the petition, the petitioners argued that vulnerable sections of the population should first be vaccinated by door-to-door campaigns. According to the petition, there would be less risk of contracting a disease by avoiding vaccination centers. The petition requested directions on drafting a standard operating procedure (SOP) on door-to-door vaccination and establishing a toll-free 24X7 portal for this purpose.
The vaccination policy is being monitored by a separate legal action, in which a National Task Force has been constituted to take measures to control the spread of Covid-19. The court clarified that its current order will not affect the suo motu proceedings. In response to the petitioner’s lawyer Bably Singh’s request for a time-bound order requiring the government to consider their suggestions, the bench responded, ‘We will not pass such an order as you cannot imagine how pressurised the officials of the ministry of health and family welfare are. You can make your concrete suggestions that may be considered at the appropriate level. They will certainly take a decision.’
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