"Failure To Administer Second Dose Would Frustrate The Very Exercise Of Administering Initial Dose": Delhi High Court

The Delhi High Court on Friday observed that the failure to administer the second dose would compromise and frustrate the very exercise of administering the initial dose. While observing so, the Court asked the Delhi Government and the Centre to place on record the communications exchanged between them with regards to the persons who have not been administered the second dose of Covaxin till date falling between the age group of 18-44 years.

Calling it a "question of serious and urgent public concern", a single bench comprising of Justice Rekha Palli observed thus:

"Keeping in view the fact that the second dose of COVAXIN is, as per the existing protocol, required to be administered within 4-6 weeks of the first dose, which the GNCTD admits that it may not be in a position to do – it is evident that the failure to administer the second dose would compromise and frustrate the very exercise of administering the initial dose in the first place."

The development came in a plea filed by the persons who fall within the age group of 18 to 44 (less than 45) years and have already received first dose of the 'Covaxin' vaccine.

During the course of hearing, the Delhi Government had apprised the Court that 1,50,000 persons within the age group of 18-44 years and <45 years were administered the first dose of Covaxin at its vaccination centres during the period between 1st May to 24th May, 2021.

This was after the Court had sought response from the Delhi Government and Centre to state whether whether it will be in a position to administer the second dose of Covaxin to all willing and eligible persons in the age group of 18 to 44 years, in the NCT of Delhi, before the expiry of six weeks period from the date of their having received the first dose.

In view of this aforesaid, both the Centre and Delhi Government sought time to obtain instructions as to how they intend to address this issue.

Granting the required time, the Court listed the matter for further hearing on 7th June before the vacation bench.

Recently, the Supreme Court has made a prima facie observation that the Centre's vaccination policy, which does not provide free vaccination for those in the age group of 18 to 44 years, as "arbitrary and irrational".

"Due to the changing nature of the pandemic, we are now faced with a situation where the18-44 age group also needs to be vaccinated, although priority may be retained between different age groups on a scientific basis. Hence, due to the importance of vaccinating individuals in the 18-44 age group, the policy of the Central Government for conducting free vaccination themselves for groups under the first 2 phases, and replacing it with paid vaccination by the State/UT Governments and private hospitals for the persons between 18-44 years is, prima facie, arbitrary and irrational", the Court observed.

The Supreme Court has also directed the Union Government to produce all relevant documents and file-notings which reflected its thinking in the vaccination policy.

Title: MR. ASHISH VIRMANI v. GOVERNMENT OF NCT OF DELHI & ANR.

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