14 Lakh Persons Without I-Cards Given Vaccine Double-Doses : Centre Tells Supreme Court On Plea To Vaccinate Homeless People

Update: 2022-02-03 09:50 GMT
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On a plea to ensure that the vaccination programme includes beggars and vagabonds/homeless like all other citizens, the Centre on Thursday told the Supreme Court that it shall file an updated affidavit as regards the number of persons without any ID cards who have been administered either the first or both doses of vaccination.Recording this submission, the Court also called upon the...

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On a plea to ensure that the vaccination programme includes beggars and vagabonds/homeless like all other citizens, the Centre on Thursday told the Supreme Court that it shall file an updated affidavit as regards the number of persons without any ID cards who have been administered either the first or both doses of vaccination.

Recording this submission, the Court also called upon the government of the NCT of Delhi to file its counter-affidavit in the matter.
At the outset, Justice D. Y. Chandrachud asked ASG Aishwarya Bhati, "Your affidavit says that only 4,82,000 vaccine doses have been administered to persons without identity cards. This is a very small number?"
The ASG replied, "That affidavit was filed in August, 2021. As of date, 77 lakh persons without ID cards have been given the first dose and 14,55,000 have been given both doses"
Ms. Bhati also told the bench that though the Court has previously also asked for the response of the Delhi government, noone has appeared for the NCT. She suggested that an affidavit filed by the government of NCT of Delhi would aid in presenting a clearer picture to the Court.
The bench of Justices Chandachud, Surya Kant and Vikram Nath then proceeded to dictate its order- "No counter affidavit has been filed by the government of NCT of Delhi in response to the petition. The standing counsel appearing on behalf of the GNCTD shall ensure that an affidavit is filed within a period of three weeks. ASG Aishwarya Bhati states that the affidavit on behalf of the Union of India was filed in August, 2021 and the figure of 4, 82, 079 vaccine doses administered to people without prescribed identity cards was as on 8 August 2021. The ASG states that the figure now in so far as the first dose is concerned is in the range of 77, 00, 000 persons, while in the case of the second dose, it is about 14, 00, 000 persons. The ASG states that an updated affidavit shall be filed, placing on record the current position as on date."
Saying that begging was a function of poverty and a socio-economic issue, the Supreme Court had in July last year turned down the prayer in the instant plea to restrain begging in public places and streets amid the COVID-19 pandemic.

The bench of Justices Chandrachud and M. R. Shah was then hearing this PIL filed by Kush Kalra which originally sought to restrain beggars and vagabonds or those who are homeless from begging at traffic junctions, in markets and public places to avoid the spread of COVID-19 pandemic across India, and to rehabilitate them.

At the outset, the bench had said that it cannot accept the prayer to stop begging.

"Your first prayer is to restrain people from being on the streets. Why do people beg on the street ? It's a function of poverty. As the Supreme Court, we will not take an elitist view. They have no choice. Nobody wants to beg", Justice Chandrachud said.

"This is a wider issue of social welfare policy from the Government. We can't say that "keep them away from our eyes". If we issue notice, it would mean we want that", he added.

At that juncture, Senior Advocate Chinmoy Sharma, appearing for the petitioner, submitted that the actual prayer of the petitioner was to rehabilitate the beggars and to ensure vaccination for them to protect them from the pandemic.

The bench had agreed to issue notice on the second prayer in the petition seeking rehabilitation and vaccination for beggars.

The bench had issued notice to the Union of India and the Government of National Capital Territory of Delhi on the second prayer.

The order dictated by the bench reads as follows :

"The manner in which prayer A has been drafted seems to indicate to restrain beggars/vagabonds from traffic junctions and streets from spreading COVID-19. The latter part is to rehabilitate them so as to ensure basic amenities are available to them. At the outset, we have indicated that the Court is not inclined to countenance a prayer seeking a direction in the above terms.

The reason why people are required to take to the streets to beg is to eke out elementary livelihood in the absence of education and employment. It's a social-economic problem and cannot be remedied in this way.

The learned senior counsel appearing for the petitioner has submitted that he is not for the pressing of prayer A and that the Petitioner seeks rehabilitation of the persons affected. In the context of the pandemic, it has been stated that there's a need to vaccinate them.

In view of the clarification issued, we are inclined to issue notice. However, we grant liberty to the Petitioners to amend the prayer accordingly. Issue notice. Immediate issue is to ensure vaccination of the persons and that the facilities for pandemic are available. We direct the Union and Delhi to file a response on how to deal with this human situation. Solicitor-General can assist the Court"

Case Title: Kush Kalra v. UOI

Click Here To Read/Download Order 


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