Indian parents move Bombay High Court to send minor American daughter to USA for vaccination; Court seeks State's response

A plea was moved before the Bombay High Court by a couple seeking directions from the Court to appoint a legal guardian to send their 16-yr old daughter, who is a citizen of United States of America (USA), to USA for vaccination..A Bench of Justices SS Shinde and Abhay Ahuja after a brief hearing on Tuesday, directed the State to give its response within a week..Purvee Parekh, a co-petitioner and maternal aunt of the ward Saumya Thakker sought her legal guardianship through the petition to accompany Saumya to USA for her vaccination.Senior Advocate Dr Milind Sathe appearing for the aunt and Saumya's parents argued that even though Saumya above 14 years of age (which is permissible age to travel alone), it was deemed fit that she be accompanied by either a parent or a legal guardian.In view of this, since there was no other legal remedy available under the Guardians and Wards Act, Parekh approached the High Court seeking legal guardianship..Government Pleader Purnima Kantharia opposed the petition on two grounds. She contended that the Central government and the US Embassy has to be made a party since this involves an international visit. She also added that the State was not opposing the maintainability of the petition for now. However, once the Centre is made party and clarifies their stand, she would challenge the maintainability of the petition. .Dr Sathe objected to this submission of the State. He stated that he was not seeking any relief against any of the governments, but merely an order to appoint the aunt as a legal guardian. He also submitted that as per provisions of the Code of Civil Procedure, no consulate or embassy could be made a party to the case. .The parents Viral and Bijal Thakker along with the aunt moved the Court as the existing policy of the Indian government is to vaccinate only persons above the age of 18 years making it impossible to vaccinate their minor daughter in India.In ordinary circumstances, the parents claimed, they would have accompanied their daughter. However, they lived with Saumya's grandparents who were senior citizens and who had recently recovered from COVID.The parents were also advised not to travel for a while and hence they could not go to USA, it was pointed out. .Saumya, the petitioners highlighted, has an Overseas Citizen of India card and a permanent visa issued by India. She is presently completing her schooling from a school in Mumbai with the academic year set to begin on July 1, 2021.The petition also stated that in USA, vaccination is allowed for age 12 and above and a stay of 21 days would also be required for administration of two doses of the vaccine.The parents submitted that the month of June would be sufficient for their daughter to complete her vaccination before commencing her academic year.They submitted that it is also Saumya's fundamental right under Article 21 to rightfully get access to treatment, health, etc..The Court issued notice in the matter and posted the case after one week.