Supreme Court Seeks Centre’s Report Indicating Steps Taken To Ensure COVID-19 Vaccination For Persons With Disabilities

It is pertinent to note that the petition filed under Article 32 of the Constitution with the backdrop under the Rights of Persons with Disability Act 2016 and the principle of reasonable accommodation was filed in 2021, seeking steps to ensure ease of access to vaccination for persons with disabilities in order to protect them against Covid-19. Several reliefs were sought in the plea, including (i) adequate provisions for vaccinating persons with disabilities at their homes, to the extent it is possible; (ii) preference in scheduling vaccination; (iii) a dedicated helpline as an alternative to the Co-win platform for such persons; and (iv) accessible vaccination centres.

Accordingly, a bench led by Chief Justice of India D.Y. Chandrachud directed the Union of India to submit its note before the next date of hearing i.e. October 9, 2023. The bench also comprised Justice J.B. Pardiwala and Justice Manoj Misra.

Advocate Pankaj Sinha appeared for the petitioner and A.S.G. Aishwarya Bhati appeared for the respondent.

In the present matter, on January 25, 2022, certain concerns were highlighted by the petitioner before the Court, after the Centre filed its comprehensive affidavit dated January 13, 2022. It was the case of the petitioner that the affidavit indicated that only 23,678 disabled persons have been vaccinated, which however, is indicative of the low rate of vaccination for the disabled.

Further, it was alleged that the persons attending to helplines, such as 1075 and 104, do not give a proper response, as they seemed unaware of the provision for home vaccination while in some cases, the telephone number is stated to be invalid. Furthermore, it was submitted that the Co-Win software should have been certified for accessibility by domain experts.

However, the Union of India in response had said that the figure of 23,678 persons reflected in the affidavit comprised of those persons who utilized their unique identity disability cards for the purpose of availing of vaccination. Further that provisions have been made for Near-to-Home Vaccination Centres, and, since November 2021, the Union of India has launched the "Har Ghar Dastak Abhiyan" to ensure 100% coverage of eligible beneficiaries with the first dose and vaccination of due beneficiaries with the second dose of vaccines. The provision for walk in registration, registration on the Co-Win portal was also highlighted.

Therefore, in the order dated January 25, 2022, the bench led by CJI had observed, “…Instead of accepting the ad hoc suggestions made during the course of the hearing, it would be appropriate to devise a framework with the engagement of the Ministry of Social Justice and Empowerment, particularly the Department of Empowerment of Persons with Disability. The Ministry should invite suggestions and responses from all stake holders and domain experts in the area of disability so that a comprehensive response in regard to the existing facilities and proposals for further upgradation can be formulated. The Ministry shall carry out this exercise within a period of three weeks and then place comprehensive proposals before the Ministry of Health and Family Welfare. The Secretary in the Ministry of Health and Family Welfare shall take a considered view of the proposals which are formulated by the Ministry of Social Justice and Empowerment and take a decision on whether any modification or changes are required to make the existing framework of vaccination for the disabled more effective. The setting up of this framework is not a reflection on the nature of the work which has already been carried out, but is intended to further bolster the efforts for providing seamless access to the disabled to the facilities of vaccination”.

The Court has listed the Petition for the next hearing on October 9.

Cause Title: Evara Foundation v. Union of India & Ors.