"Central Govt Should Seriously Consider This Proposal": Delhi High Court Bats For Collaboration Of RWA Camps With Private Hospitals

Observing that there is no other avenue to carry out vaccination under the National COVID vaccination programme apart from vaccination centres run by private hospitals, the Delhi High Court has asked the Centre as to how camps run by Resident Welfare Associations (RWAs), in collaboration with Private Hospitals, may be able to work out in boosting the vaccination drive.

Noting that the aforesaid aspect "deserves serious consideration", a division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh ordered thus:

"Unless there are any specific reasons why the Central Government would not want the RWAs to play a role in the vaccination drive, there should be no impediment in designating the camps organised by the RWAs in association with private hospitals as vaccination centres run by private hospitals."

The Court also observed that permitting vaccinations to be undertaken at such camps would "go a long way in making it convenient and safe for the residents of the colonies to get themselves vaccinated at such centres."

The development came in the suggestion put forth by the Amicus Curiae, Senior Advocate Rajshekhar Rao while discussing the issue with regard to the Resident Welfare Associations (RWAs) being permitted to carry out vaccinations for the residents of the locality.

It was stated that according to the clarification issued by the Ministry of Health and Family Welfare regarding the scope of COVID vaccination by private hospitals in accordance with the National COVID Vaccination Programme.

It was pointed out by Rao that in view of avoiding overcrowding at various vaccination centres, several RWAs across Delhi had organised vaccination drives/ camps within their respective colonies for their residents in collaboration with different private hospitals.

In view of this, the Court ordered thus:

"The submission of learned Amicus is that looking to the significant role played by RWAs in organising vaccination drives/ camps in the context of the overall management of the COVID-19 Pandemic, the Union of India should consider issuing specific clarification in this regard so that the RWAs, in collaboration with private hospitals may be able to qualify as private COVID Vaccination Centres of the hospitals."

The Court asked the Centre to seriously consider the issue and to clarify its position by way of filing of status report by 7th July, the next date of hearing.

" However, in case, the Central Government, for any good reason, is not inclined to permit RWAs to organise such camps in association with private hospitals, the reasons therefor shall be disclosed in the next status report." The Court clarified at the outset.

During the previous course of hearing, observing that younger patients may have to be prioritized in comparison with the older generation "which has lived its life", the Court had directed the Centre to spell out its policy with regard to the priority of patients who should be administered the said drug, to maximize the lives that could be saved, amongst patients suffering from Mucormycosis also known as black fungus.

"The responsibility has fallen on the shoulders of the UOI to take a policy decision with regard to the manner in which the said drug should be made available to the suffering patients, till such time as the shortage of Liposomal Amphotericin-B continues, or an alternate equally effective and safe medicine is found for treatment of the said disease. If all patients suffering from the said disease cannot be treated on account of non-availability of the said drug in sufficient quantity, the responsibility falls on the UOI to spell out its policy with regard to the priority of patients who should be administered the said drug, to maximize the lives that could be saved, amongst patients suffering from Mucormycosis (Black Fungus)." the Court observed.

Title: RAKESH MALHOTRA v. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF INDIA AND ORS

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