A 12-year-old Delhi student and the mother of an 8-year-old have filed a writ petition in the Delhi High Court seeking vaccines for kids and their caregivers.
In the matter Tia Gupta & others vs UOI & Writ Petition (C) 5581 of 2021 a PIL was filed before the Delhi High Court, in which notice has been issued to the Central Government and the Delhi State Government today, 28th May 2021, asking them to respond to the prayers in the writ petition. (prayers described hereinbelow)
The PIL was filed by Advocate Ms. Bihu Sharma on behalf of Ms. Tia Gupta (petitioner no.1), a 12-year-old student of The Shri Ram School, New Delhi and Ms. Roma Raheja (petitioner no.2), mother of an 8year old seeking the High Court’s intervention to direct the concerned government departments to emergently draw up a plan to commence administer vaccinations to children between ages 12-17 years and to include parents of children in the priority list of vaccination, as they are their primary caregivers
Bihu Sharma Advocate of the petitioners told NewsMobile: “I am very happy that the interest of children has been taken up by the Hon’ble Delhi High Court today. It was disconcerting to see, that children, despite being recognized as a ‘vulnerable’ section of society in India, had been excluded from all vaccination plans formulated by the Government.”
“The number of children orphaned during the ‘second wave’ has also brought to fore the urgent requirement by the government to include parents of children as a priority group in the vaccination drives”, she added.
“The ‘second wave’ of covid-19 in India, highlighted the fact that children and their parents are not adequately shielded by any mitigation plan during the pandemic by the concerned governments,” Sharma said.
Few key pointers from the petition:
-“The petitioners approached the Delhi High Court, after being deeply disturbing reading news reports that the ‘second wave’ of the covid-19 pandemic in India infected children.
-The Respondents’ have failed to factor in children in the COVID-19 vaccination drive and also failed to designate ‘parents of children’ as a priority group for vaccination has impinged upon the fundamental rights of the children and their parents.
-It is pertinent to note that the ‘second wave’ during March 2021 onwards of COVID-19 infections in India brought unprecedented deaths and infections and also showed the unpreparedness of the Respondents in terms of medical infrastructure.
– As per the National Plan, 2019 formulated under the Disaster Management Act 2005, children are seen as a specific ‘vulnerable’ group who ought to be included in every disaster mitigation plan. The National Plan, clearly emphasizes the requirement of children as social inclusion for Disaster Risk Reduction (“DRR”). Instead of including them in the disaster management plan, children have been clearly excluded by the Respondents, who have breached their duty to ensure that a National Plan for children during the covid pandemic is drawn and implemented.
– In December 2020, Respondent no.1 issued ‘COVID vaccines Operational Guidelines’, which did not include children as beneficiaries of the vaccines. Despite entering the second/third phase of vaccination, the guidelines have not been amended to include children.
– During April 2021 various news reports were published reflecting medical data that the number of children affected during the ‘second wave’ of COVID-19 in India is double that what was in the year 2020 began to be published.
– Other countries of the world, where COVID-19 pandemic has been felt, like US and Canada, have already started administering an appropriate dose of vaccine to children.”
Prayers in the writ:
Issue a writ order or direction in the nature of mandamus directing the Respondents
a )to put in place appropriate vaccine protocol for children residing in Delhi and to make the same available expeditiously;
b)to give priority in vaccination to parents of children who are residing in Delhi;
c) to formulate a comprehensive National Plan with respect to children covering all aspects of their protection from the ill effects of the pandemic.
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