Delhi High Court Dismisses Plea Against Reopening Of Schools For Unvaccinated Children, Says No Data Suggesting They Are At High Risk Of Covid-19

The Delhi High Court on Tuesday dismissed a public interest litigation challenging the Delhi government's decision to resume physical classes for school-going children, from nursery to class 12th from April 1, 2022.

The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla orally remarked,

"There has to be a balance. Children are losing much more by missing school...There are reports highlighting the psychological aspects on growth of children. They are not able to develop social, oral and  inter-personal skills."

Schools in Delhi will resume functioning in offline mode at 100% capacity for all classes from April 1, 2022. As per the DDMA guidelines, schools will run only physical classes and no online classes will be held.

The PIL filed by petitioner in person, Anand Kumar Pandey, expressed concern over this decision on account of the fact that children in the age group below 12 years are yet to be vaccinated. Further, vaccinations for those in the age group of 12-14 years commenced very recently.

Pandey argued that even most office spaces, where the adults are vaccinated, are functioning in hybrid mode. Whereas children, who are largely unvaccinated or have been administered a single dose, are being forced to attend school physically. He urged that at least, the guardians/parents of the children must be given an option to send or not send their children to schools to attend the classes.

However, the Bench noted that the apprehensions expressed by the Petitioner were not supported by any substantive material, and were founded merely upon his own opinion. It observed,

"There is no empirical data suggesting that children are at a high risk or will get severe Covid-19. There is nothing to show that their right to life will be endangered. On what basis are you entertaining these apprehensions that it is unsafe for children to go to school? We can't entertain a PIL like this just because you feel something," the Bench told the Petitioner.

On the alternative plea to allow parents to take a call, the Bench orally remarked,

"If parents are scared, let them not send. In fact, most parents are fed up and want their kids to go to school."

The plea was accordingly dismissed.

Also Read: Covid-19: Delhi High Court Seeks Centre's Report On Policy For Vaccination Of Children Below 12 Yrs

Case Title: Anand Kumar Pandey v. GNCTD

Citation: 2022 LiveLaw (Del) 246