Include lawyers, clerks in priority list for COVID-19 vaccination: Kerala High Court to State government [Read Order]

The Kerala High Court on Thursday directed the Kerala government to include lawyers and their clerks in the priority list for COVID-19 vaccination (Benny Antony Parel v. Union of India). .Towards this end, a Bench of Justices A Muhamed Mustaque and Kauser Edappagath ordered the State government to amend its order dated June 2, 2021 under which judicial staff and officers of the High Court and subordinate courts were already a part. ."In the administration of justice, lawyers and clerks have equal participation and without their participation judicial institutions cannot discharge their duties. Since the Government has decided to give priority to judicial officers and court staff, for the same reason, lawyers and clerks should be included as they are indispensable parts in the dispensation of justice," the order said. .Government Pleader, P Vijayakumar, submitted that judicial officers and staff of the High Court and subordinate courts were included in the priority list pursuant to an earlier interim order passed by the Court in the matter..Advocate Saiby Jose Kidangoor, appearing for the petitioner submitted that the very idea of including judicial officers and court staff in priority list is to ensure timely justice is rendered to the public. This cannot be achieved without prioritising the vaccination of lawyers as well, he submitted.On the Bench's remark that lawyers are not permitted to go to the courts physically and can work through video conference, Kidangoor argued that since a majority of lawyers are working with limited infrastructure, lawyers are duty-bound to go to office, meet clients and work around the clock. .The Bench saw merits in the arguments. "People are coming to this court seeking justice... Justice is indispensable for a human. This is the most important priority of life. It is because of the intervention of the court, the intervention of lawyers and clerks, that people are able to get justice at least for covid. How can you ignore them," Justice Mustaque observed. .The Court, therefore, proceeded to pass an order acknowledging the submission of the petitioner that the government has remained oblivious to the plight of lawyers and legal clerks who are indispensable for the administration of justice."The administration of justice is a big stake for institutions today and many of the directions issued by the courts in this country have come to the aid of the citizens who have been deprived of many essential services, including the administration of justice," the order said. The Bench, therefore, directed the government to include lawyers and clerks in the priority list for vaccination as they are just as indispensable as judicial officers and court staff for the dispensation of justice. The benefit may only be given to lawyers and clerks who are engaged in practice, the Bench added..During the course of the hearing today, Justice Mustaque also highlighted that that it had been brought to his attention by a brother Judge of the High Court, Justice Jayasankaran Nambiar, that the plight of senior citizens and those bedridden at home has gone largely unnoticed. Justice Nambiar had informed the Bench about the instance of a senior citizen in Palakkad district who passed away from Covid while he was bedridden at home and had not received care and attention from the health department. At the same time, Justice Nambiar's own mother who was also Covid positive and bedridden received the attention of a Janamaithri Police Station in Ernakulam district.Justice Mustaque noted this disparity and remarked that some mechanism should be there to ensure that senior citizens and those bedridden can be vaccinated at their homes..The Government Pleader informed the Court that the State Government is mooting a plan on this issue.The Bench, however, felt that the issue requires attention and chose to direct police to take a count of senior citizens within their jurisdiction and to ensure they are vaccinated. "Under the Section 20 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2017, a duty is cast upon the state to ensure medical support to senior citizens..It is appropriate that the government ensure that Janamaithri Police or any other Station House Officer take data of senior citizens in each jurisdiction and ensure timely help is bestowed to senior citizens. Appropriate direction shall be given by the Government to ensure that timely help is given to senior citizens within a time period of 10 days. Govt shall also shall make every attempt to see that if senior citizen cannot approach the vaccination centre, they are vaccinated at home," the order directed. The case will be taken up again after 10 days. .[COVID-19 vaccination] Judicial Officers, Court Staff are also "State employees"; Why have they not been prioritized? Kerala High Court.[Read Order]