Karnataka High Court Seeks State Response On Plea Seeking Priority For Disabled Persons In COVID Vaccination

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindraj said "As this petition will require urgent consideration, list it on Monday when a special sitting is proposed to be held."

Advocate VISWESH S appearing for the petitioner submitted that "Due to disabilities, a person cannot maintain social distance, may not be able to avoid touch, may not be able to wear a mask, so they are a high risk category. The only way to keep them safe is to vaccinate them and their caregivers on a priority basis. Since there is a right they are entitled to a mandamus."

The petition referred to section 8 and section 25 (i) and (j) of the Rights of Persons with disability Act and suggested that vaccinations for persons with disability can be done through district disability welfare officers who can hold special camps, and the persons with disabilities can be identified through their disability cards. Further, it is said that every district disability welfare officers have data of all those who are disabled in each district. They can identify and make arrangements for vaccines.

Section 8 reads thus:

Protection and safety.—(1) The persons with disabilities shall have equal protection and safety in situations of risk, armed conflict, humanitarian emergencies and natural disasters.

Section 25 reads thus:

Health care: The appropriate Government and the local authorities shall take necessary measures for the persons with disabilities to provide,— (a) free healthcare in the vicinity specially in rural area subject to such family income as may be notified; (b) barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres; (c) priority in attendance and treatment.

(2) The appropriate Government and the local authorities shall take measures and make schemes or programmes to promote healthcare and prevent the occurrence of disabilities and for the said purpose shall— (i) healthcare during the time of natural disasters and other situations of risk; (j) essential medical facilities for life saving emergency treatment and procedures.

Advocate Vishwesh contended that since self-registration for vaccine for all persons above 18 years, is starting from April 28, directions need to be passed before that.

The matter will be heard on Monday.