Delhi High Court Seeks Centre, Delhi Govt Response On Plea For Priority Covid-19 Vaccination To 12-17 Year Olds

A division bench of the Delhi High Court today issued notice and sought responses of the Delhi government and the Centre on a plea by a 12 year old seeking directions to immediately vaccinate children between the ages of 12-17 years in Delhi as well as to prioritize vaccination amongst parents having children up to 17 years of age.

The plea moved by Tia Gupta (12 year old) and her mother through Advocates Bihu Sharma and Abhinav Mukerji also prays for formulating a comprehensive National Plan with respect to children covering all aspects of their protection from the ill effects of the covid 19 pandemic.

Advocate for the petitioner told the court that, "In the absence of vaccination these kids are being confined to the house, and the parents are also not being prioritized."

The petitioner highlighted that in some cases where the parents are passing away, the children are becoming orphans, which is another crucial ramification of the issue.

The counsel added that in the absence of vaccination, the children's "future would be destroyed." The matter was heard by the division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh.

Stating that the Vaccine Policy of India against COVID-19 has failed to consider children or parents of children, who are a vulnerable section of society, the plea avers thus:

"Respondents have failed to prepare a National Plan for children in adherence to the guidelines as given under the National Disaster Management Plan 2019, formulated under the Disaster Management Act 2005 ("DM Act"), which clearly recognize children and their vulnerability during a 'biological disaster', such as the present COVID pandemic."

Referring to the 12 year old as being an "aware and tech-savvy child like all her other peers", the plea states that the petitioner is anxious "as to why the Respondents are not attempting to protect their fundamental right of life, by ensuring mitigation measures such as access to vaccination for children in India."

In view of this, the plea states:

"The Petitioners and other similarly placed persons seek for justice which is being denied to them. Furthermore, the present writ is in line with Article 12 of the UN Convention on the Rights of the Child which establishes the right of every child to give their opinions freely on matters concerning them and obliges governments to ensure that children's voices are heard and taken seriously. The said requirements are incorporated in the Juvenile Justice (Care and Protection) Act, 2015 and also in National Policy for Children, 2013. Hence, the Respondents have an obligation to take adequate measures to protect children from the present pandemic."

The plea also states that the respondents must put in place measures to ensure that children are not left orphaned and at the danger of trafficking as their parents were not given priority for being inoculated against COVID-19.

The plea seeks the following prayers:

- Issue a writ order or direction in the nature of mandamus directing the Respondents to put in place appropriate vaccine protocol for children residing in Delhi and to make the same available expeditiously.

- Issue a writ order or direction in the nature of mandamus to the Respondents to give priority in vaccination to parents of children who are residing in Delhi.

- Issue a writ order or direction in the nature of mandamus to the Respondents to formulate a comprehensive National Plan with respect to children covering all aspects of their protection from the ill effects of the pandemic.