Delhi High Court Seeks Centre's Response On Petition For Inclusion Of Severe Mental Illness As Comorbidity For Covid-19 Vaccination

The court has additionally sought responses from the Central Mental Health Authority and the National Expert Group On Vaccine Administration For Covid-19.

Filed by one Gaurav Bansal, the petition questions the exclusion of mental illness from the list of specified comorbidities for determination of the eligibility of citizens in the 45-59 years age group inter alia on the ground that this is against the WHO's framework on distribution of the vaccine - which envisage equal consideration and meaningful opportunity to be taken into account in the determination of the "prioritization criteria".

The petition refers to the "Guidance Note For Cowin 2.0" which provides for a list released by the central government as priority groups for receiving the Covid-19 vaccination and states that its exclusion of persons with mental illness, as well as restriction with respect to Persons with Disabilities (PwDs) to those with "High Support Needs", the government has prohibited homeless mentally ill persons from availing the benefits of Covid-19 vaccination and "created barriers for thousands of persons having severe mental illness having no disability certificate" to get the vaccine.

The petitioner asserts that this is because as per the Rights of Persons with Disabilities Act, 2016 "person with disabilities having high support needs are only those persons who carry disability certificate with them," and as homeless mentally ill persons or severely mentally ill persons in general don't possess the Disability Certificate, they are deprived of the vaccination benefits under the Government's list.

The petition states that such a requirement makes a "mockery of our healthcare infrastructure".

The present "Guidance Note" of the Government includes the following categories of persons as eligible for getting the Covid-19 vaccination on a priority basis:

1. All healthcare and frontline workers as specified by the Union Of India

2. All citizens that are aged, or will attain the age of 60 years or more as on 1st January, 2022

3. All such citizens that are aged, or will attain the age of 45 years to 59 years as on 1st January 2022, and have any

specified comorbidities (recommended by the National Expert Group and approved by the Government of India from time to time, subject to certification to that effect by a Registered Medical Practitioner.)