Soni Satti
The Karnataka High Court issued an interim order directing the State Government to create a system for COVID-19 vaccination of people with benchmark disabilities on a priority basis.
A Division Bench comprising Chief Justice Abhay Oka and Justice Suraj Govindaraj, in its interim order, stated that the State Government shall make appropriate provisions to offer vaccination to people with benchmark disabilities and caregivers by ensuring that they are not expected to queue at vaccination centres.
The Bench added, “Needless to add that if those who suffer from benchmark disability are not able to move out of their residences, necessary arrangement will have to be made to provide vaccination at their doorstep.”
The order was issued during the hearing of a petition filed by Karnataka Rajya Vikalachethanara Rakshana Samithi, who requested that people with disabilities be vaccinated on a priority basis.
In its decision, the Court observed that Section 25 (1) (c) of the Rights of Persons with Disabilities Act enjoins the government and local governments to take appropriate steps to ensure that people with disabilities get preference in attendance and care.
As a result of this section, an individual with a benchmark condition must be given preference in care, which in today’s sense includes Covid-19 vaccination.
The petitioner’s lawyer, Viswesh S submitted that since a person with a disability is unable to sustain social contact, resist interaction, or wear a mask, they fall into the high-risk group.
The best way to keep them safe is to get them and their parents vaccinated as soon as possible. They are entitled to mandamus and they have a right.
In light of the right of persons with Disability, Advocate General Prabhuling K Navadgi told the Court that appropriate measures will be taken.
The Court also ordered the State Government to record its actions on the next hearing day, May 12.