We’ll permit door-to-door vaccination if Centre does not: HC to BMC, state

The Bombay high court (HC) has directed the Maharashtra government and Brihanmumbai Municipal Corporation (BMC) not to wait for the Central government’s permission to conduct door-to-door vaccination drive for the elderly and differently abled persons who cannot go out to get inoculated

The Bombay high court (HC) has directed the Maharashtra government and Brihanmumbai Municipal Corporation (BMC) not to wait for the Central government’s permission to conduct door-to-door vaccination drive for the elderly and differently abled persons who cannot go out to get inoculated.

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The HC, while rapping the Centre for consulting experts who did not recommend door-to-door vaccination initiative, said the experts were probably unaware of ground realities such as people living in houses where even a stretcher cannot be manoeuvered. The court has asked the state and BMC to file an affidavit on how it proposes to conduct the door-to-door vaccination by Thursday.

The division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while hearing the public interest litigation (PIL) filed by advocates Dhruti Kapadia and Kunal Tiwari, was informed that the Centre failed to give a favourable response to the court’s direction in an earlier hearing on May 12 on whether the door-to-door vaccination could be implemented. The PIL sought directions to the Centre, the state government and BMC to provide door-to-door vaccination for people over 75 years of age, differently abled people and those who are bed-ridden.

Kapadia further added that BMC had failed to devise a formula to identify beggars without photo IDs required for vaccination and to provide a helpline number to enable advanced age senior citizens to book an appointment for home visit for vaccination as all citizens cannot access the online platform.

Additional solicitor general Anil Singh, for the Union of India, informed the court that the direction was referred to the committee of experts and they had filed a response stating that as there were post-vaccination protocols to be observed and the same could not be facilitated at individual homes, door-to-door vaccination could not be permitted. He, however, added that transport arrangements could be made to take elderly citizens to the centres.

Kapadia submitted that some of the elderly and differently abled persons lived in extremely difficult conditions and if they had to go to centres they would have to be taken on wheelchairs or stretchers. However, due to the constrained spaces they live in, it was not possible to take such persons to the centres. Thus, in light of the committee’s denial, such persons would not be able to get vaccinated at all.

After hearing the submissions, the court expressed dissatisfaction at the expert committee’s recommendations and termed it to be the opposite of door-to-door vaccination and said, “I am not aware of Mumbai, but in north Kolkata, there are buildings wherein even stretchers cannot be taken inside. If somebody is bedridden and there is no room for stretcher to manoeuver, how will you bring them outside for vaccination?”

Justice Kulkarni then pointed out that there are old buildings in congested areas with wooden staircases even in Mumbai, and that the elderly citizens and differently abled persons living there may not be able to come out.

“They (expert committee members) are all academic experts, but they seem to have zero knowledge about ground reality. If this decision is taken from Delhi, you should think about the local situation...if the corporation wants to start door-to-door vaccination. If the Centre does not permit it, we will. Saving lives is more important,” said the bench.

The bench then directed the BMC commissioner to apprise it as to whether it was possible for the civic body to introduce door-to-door vaccination under proper medical care and upon consent of citizens/beneficiaries to be administered being well aware of the consequences. HC will hear the PIL next on May 20.

Dr Mangala Gomare, chief of BMC’s public health department, said, “We have currently allowed walk-in vaccination for those wanting first dose among senior citizens and differently abled persons. If the court is allowing us to do door-to-door vaccination, we will make our stand clear by filing affidavit after discussing it with senior officials.”

BMC had, two months ago, sought permission from the Central government to start door-to-door vaccination, but the Centre had not given permission for the same.