The Kerala High Court on Monday directed the Central government to make necessary provisions forthwith in the CoWIN portal to enable those who want to take the second dose of Covishield vaccine after four weeks in terms of the initial protocol, to schedule the second dose of Covishield in the portal.
Justice P.B. Suresh Kumar issued the directive while allowing a writ petition filed by Kitex Garments Limited and Kitex Childrenswear Limited of Kochi seeking a directive to the Centre to allow its workers to receive a second dose of the vaccine without completing the stipulated 84-day gap between the two doses.
The court pointed out that the Centre had relaxed the time interval between the two doses of Covishield vaccine initially, for students who want to undertake foreign travel for the purpose of education, for those who have to take up jobs in foreign countries and for athletes, sportspersons and accompanying staff of Indian contingent attending the Olympic Games at Tokyo.
In fact, the privilege was later extended to Indian government officials mandated to attend official commitments abroad, those who have to travel abroad for medical treatment, and foreign nationals who have to return to their native countries. The court observed that ‘all those are not persons who reside and settle permanently abroad.’
Most of them are persons who have to come back to India soon after their assignment. If the government can permit persons who are intending to travel abroad to exercise a choice between early protection and better protection from COVID-19 infection, there is absolutely no reason why the same privilege shall not be extended to others who want early protection in connection with their employment and education.
The court further observed that it was declared on the Union Ministry of Health and Family Welfare that the vaccination was voluntary and there was no compulsion on anyone to accept the same. If that be so, the requirement to administer two doses of vaccine and the time interval between the two doses for better protection from infection could only be considered as advisory.
“In other words, when people have even the right to refuse to accept vaccine, there is absolutely no reason why the State should take a stand that they (petitioners) shall not be permitted to accept the second dose, if they choose to do so after four weeks in terms of the original protocol of the vaccine for their early protection, especially when they themselves are procuring the vaccine by spending money from their pockets.”
The court pointed out the State government on its own, without the concurrence of the Centre, had relaxed the time interval between the two doses of Covishield vaccine for those who intend to go abroad for employment. These facts were not in dispute. In other words, the government had permitted all those classes of persons to exercise the choice between early protection and better protection from COVID-19 infection.
The court, however, made clear that it had not considered the question whether a person was entitled to make a choice between early protection and better protection from COVID-19 infection in the matter of accepting the free vaccine provided by the government.
