"Make Provision For Giving Priority In Administration Of Covid Vaccine To Persons With Disabilities Above 18 Years": Gauhati HC Directs Arunachal Pradesh Govt

The Gauhati High Court, Itanagar Bench on Monday directed the State of Arunachal Pradesh to make provision for giving priority in attendance and administration of covid 19 vaccine to people with disabilities above 18 years of age within a period of 4 Weeks.

Observing that persons with disabilities under the Rights of Persons with Disabilities Act, 2016 would be entitled for administration of Covid-19 vaccine on priority basis, a single judge bench comprising of Justice Nani Tagia observed thus:

"I propose to dispose of this Public Interest Litigation(PIL) at the motion stage itself by directing the respondent authorities to make provision for giving priority in attendance and inoculation of the persons with disabilities, with Covid-19 vaccine, should the persons with disabilities above 18 years of age, volunteers for such vaccination, as mandated under Section 25(1)(c) of the Act of 2016, within a period of 4(four) weeks from the date of receipt of a certified copy of this order which shall be furnished by the petitioner to the authority concerned within 7(seven) days from today."

The development came in a PIL filed by a lawyer and a social activist seeking priority Vaccination for persons with disabilities under the Act of 2016.

It was thus the case of the petitioner that though the persons with disabilities are required to be given priority in attendance and treatment as per sec. 25(1) (c) of the Act, however, the State Government has not made any provision to administer Covid-19 vaccine to the persons with disabilities in the State of Arunachal Pradesh by giving them priority in attendance in the administration of the Covid-19 vaccine.

Hearing the submissions, the Court was of the view that:

"The Covid-19 vaccine in the State of Arunachal Pradesh, is stated to have been administered free-of-cost to all persons above 18 years of age who volunteers for such vaccination. If it is the policy of the State Government to administer free Covid-19 vaccine to all persons above 18 years of age who volunteers for such vaccination, the persons with disabilities under the Act of 2016, would be entitled for administration of Covid-19 vaccine on priority basis including the attendance on priority during such vaccination."

The Court analysed sec. 25 of the Act and observed that the same provides that appropriate Government and the local authorities are required to take necessary measures for the persons with disabilities, to provide to such persons, amongst others, priority in attendance and treatment.

In view of the aforesaid, the Court directed thus:

"The appropriate Government is, thus, required to make a provision under Section 25(1)(c) of the Act of 2016, for providing priority in attendance and administration of the Covid-19 vaccine to the persons with disabilities who are 18 years of age and above, should the persons with disabilities, volunteers to get themselves vaccinated."

The PIL was thus disposed of with the above-mentioned terms.

Title: Ebo Mili v. State of A.P and other 

Click Here To Read Order