No person can be forcibly vaccinated against Covid-19: Centre tells SC

The response of the Central government came on a PIL seeking priority for COVID-19 vaccination for persons with disabilities at their place of residence since they face a higher risk of being impacted by COVID, reports ANI.

"The direction and guidelines released by government of India and Ministry of Health and Family Welfare, do not envisage any forcible vaccination without obtaining consent of the concerned individual. It is further submitted that vaccination for COVID-19 is of larger public interest in view of the ongoing pandemic situation. It is duly advised, advertised and communicated through various print and social media platforms that all citizens should get vaccinated and systems and processes have been designed to facilitate the same. However, no person can be forced to be vaccinated against their wishes," the affidavit of Centre stated.

On the issue of exempting persons with disabilities from producing vaccination certificates, the Centre said that it has not issued any SOP that makes it mandatory to carry the vaccination certificate for any purpose. The Central government has informed the top court that a total of 23,678 doses have been administered to disabled persons who have voluntarily chosen to be identified as such by using their Unique Disability ID Card/Disability Certificate for registration at the time of their vaccination.

The government of India in its letter dated September 22, 2021 has advised all States and Union Territories to vaccinate bedridden or beneficiaries with extremely restricted mobility or disability and/or special needs along with their caregivers at their place of residence using mobile vaccination teams, it added.

The government also responded to the suggestion regarding Co-WIN app and portal being made fully accessible saying it is already implementing features in Co-WIN portal to make it more accessible to persons with disabilities. Moreover, it was mentioned that the Government of India has formulated Operational Guidelines for COVID-19 vaccination which asserted that all beneficiaries are to be informed about the adverse events which may occur after the COVID-19 vaccine.

As far as suggestions regarding Exemption from masks/face-cover is concerned, the Government of India has stated that the practice of using masks/face cover is recommended by the W.H.O (World Health Organisation) and other prominent public health agencies globally. At this, the central government has informed that the Adverse Event Following Immunisation (AEFIs) are monitored through a well-structured and robust AEFI surveillance system and the patients and caregivers are informed about the adverse events via Cowin itself, reports Live Law.

Moreover, it was further informed that a grievance redressal mechanism is already operational where all grievances, including those received from persons with disabilities, are duly considered and redressed in a timely manner. Moreover, as per the Rights of Persons with Disabilities Act, 2016, the National COVID-19 vaccination programme is operational to vaccinate all eligible populations, including all persons with different types of disabilities.

Responding to the suggestion of COVID-19 vaccination information being made available in accessible/disabled-friendly formats and vernacular languages, the Centre has submitted that the Co-WIN public interface is available in 11 regional languages in addition to English. Moreover, the information on all aspects of COVID-19 vaccination programme is disseminated by the Government of India and State/UTs through websites, print media, AV radio and television and also through other social media platforms, stated the center.

The case is connected with a plea filed by Evara Foundation, a disability rights organization. The plea had sought direction to bring focus upon the steps which are required to ensure ease of access to vaccination to persons with disabilities in order to protect them as well against COVID-19. The plea contended that in one of the press releases by the Indian Medical Association (IMA), it has said that vaccination should happen at doorsteps for persons with disabilities.

The plea stated that scheduling an appointment at a particular vaccination centre is a highly technical process and persons with disabilities are facing difficulties in getting vaccinated. Seeking vaccination at doorsteps for persons with disabilities and their caregivers, the plea said visiting vaccination centres amid lockdowns in various States is also a challenging task for such persons.