COVID Vaccination - Evolve Scheme To Give Priority For Persons With Benchmark Disabilities : Karnataka High Court Directs State

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj in its interim order said "State govt may consider authorizing district welfare officer or any other officer to receive request for vaccination either by SMS email or whatsapp either from person suffering from benchmark disability or their caregivers."

Further, it said "State government shall make effective arrangements to provide vaccination to persons with benchmark disability and caregivers by ensuring that they are not required to wait in queue at vaccination centers."

It added "Needless to add that if those who suffer from benchmark disability are not able to move out of their residences, necessary arrangement will have to be made to provide vaccination at their doorstep."

The direction was given during the hearing of a petition filed by KARNATAKA RAJYA VIKALACHETHANARA RAKSHANA SAMITHI seeking vaccination on a priority basis for persons with disabilities.

The court in its order noted that Section 25 (1) (c ) of Rights of Persons with Disability Act, enjoins the government and local authorities to take necessary measures for person with disability to provide priority in attendance and treatment. Thus, in view of this section a person with benchmark disability must get priority in treatment, the treatment in the present day context will include Covid-19 vaccination.

It added "The State government will have to ensure that necessary assistance will have to be rendered to persons with benchmark disabilities for the purpose of registration for vaccination."

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."

Advocate General Prabhuling K Navadgi assured the court that necessary steps will be taken in the light of Right of persons with disability.

The court has directed the state government to place on record steps taken on the next date of hearing, May 12.