[Door-to-door COVID vaccination] No prohibition by Centre, may be implemented immediately if State permits: Bombay High Court

In view of submissions that the Centre's policy for 'near to door' vaccination is merely an advisory, the Bombay High Court on Monday observed that there is no prohibition imposed by the Centre on States from carrying out door to door COVID-19 vaccinations for the elderly and disabled citizens. .As such, the Court has noted that the State may take a decision on whether to undertake door-to-door vaccinations by the next hearing. .The Bench added that if the State decides to permit door-to-door vaccinations before the next hearing, the same can be implemented immediately. ."... it clearly appears to us that there is no categorical prohibition imposed by the Central Government for the States to undertake a door to door vaccination programme, for the elderly and disabled citizens ... In the event a decision is taken permitting door to door vaccination, prior to the adjourned date of hearing, all concerned shall be free to implement the same immediately", stated the order passed on Monday..Earlier, Advocate Dhruti Kapadia, appearing petitioner-in-person, had informed the Court that several State governments in India and municipal corporations in Maharashtra had initiated door-to-door vaccination for their citizens without waiting for a policy from the Centre..This led the Court to ask Additional Solicitor General Anil Singh on what was the Centre's stand on several States undertaking door to door vaccination despite no policy to that effect from the Central government. .The Court also sought a response on the application made by the Brihanmumbai Municipal Corporation (BMC) expressing its willingness to conduct door to door vaccination and seeking guidelines from the Centre for the same..Relying upon Union Health Ministry's response to the BMC's application, ASG Singh submitted that the States and Union Territories had been repeatedly advised to operationalise ‘Near to Home COVID Vaccination Centres’ (NHCVCs) in order to bring vaccination services closer to the community, especially for the elderly and differently-abled persons..He added that while the policy was not final, it was arrived at after thorough consultation with over 20 experts and after perusing representations from several State governments..He further pointed out that there was a scarcity of vaccinations in the nation. Keeping that in mind, the National Expert Group on Vaccine Administration for COVID-19 (NEGVAC) recommended for a "near to door" vaccination, he argued..The Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni, in turn, enquired if the Centre had taken any steps to stop the States from undertaking door-to-door drives on such a ground..When Singh responded in negative, the Court remarked, "So there is nothing to stop Maharashtra or BMC from conducting door to door vaccination?".The Bench was hearing the plea seeking door-to-door COVID-19 vaccination for citizens above 75 years of age and those who are specially-abled or bed-ridden..Advocate Kapadia placed on record an order passed by the High Court of Uttarakhand at Nainital directing the Uttarakhand government to consider the possibility of creating a system for ‘door to door vaccination’..She also informed the Court about a media report on a statement by Rajesh Tope, State Health Minister, that the Health Department was working on allowing home inoculation for those who are bedridden and cannot go to the vaccination centres. Tope reportedly stated that the State Task Force on vaccination was in the process of formulating protocols and guidelines for the same..Upon specific query from the Bench, the BMC responded that if guidelines are issued by the State on the door to door vaccinations, these would be followed by the BMC..After taking the submission on record, the Court adjourned the proceedings to June 22, 2021 to enable the Maharashtra government to "take an appropriate decision on the issue of door to door vaccination of the elderly and disabled.".[Read Order]