DELHI COMMISSION FOR PROTECTION OF CHILD RIGHTS versus UNION OF INDIA AND ANOTHER

DELHI COMMISSION FOR PROTECTION OF CHILD RIGHTS versus UNION OF INDIA AND ANOTHER

The Court declined to issue substantive directions on the petitioners' suggestions and disposed of the petition, directing the Union Government to place the petitioner's suggestions before the relevant expert groups (including NTAGI and NEGVAC and/or a National Task Force) for considered evaluation, because...

Source-derived case information.

Parties
Petitioner: Delhi Commission for Protection of Child Rights; Respondent: Union of India; Intervener: Ambar H. Koiri
Jurisdiction
India
Judgment Date
25 January 2022
Procedural Posture
Writ Petition (civil) / Petition Disposed of by Supreme Court on January 25, 2022
Outcome
Petition disposed of
Legal Topics
COVID 19 Vaccination, Pregnant Women, Lactating Mothers, AEFI Surveillance, Co WIN Portal
Constitutional Law Public Health Administrative Law COVID 19 Vaccination Pregnant Women Lactating Mothers AEFI Surveillance Co WIN Portal

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Parties

Delhi Commission for Protection of Child Rights

Petitioner

Union of India

Respondent

Ambar H. Koiri

Intervener

Procedural Posture

Writ Petition (civil) / Petition Disposed of by Supreme Court on January 25, 2022

Legal Issues

  1. 1 Whether pregnant women and lactating mothers should be categorised as high risk and given priority in vaccination
  2. 2 Whether the Co-WIN portal should include a mandatory option to identify pregnant or lactating status at registration
  3. 3 Whether targeted tracking, a registry and enhanced AEFI surveillance should be instituted for vaccinated pregnant women and lactating mothers

Ratio Decidendi

The Court declined to issue substantive directions on the petitioners' suggestions and disposed of the petition, directing the Union Government to place the petitioner's suggestions before the relevant expert groups (including NTAGI and NEGVAC and/or a National Task Force) for considered evaluation, because decisions on vaccination policy and medical safety require expert assessment in the policy domain.

Court Disposition

Petition disposed of

Orders

  • Union of India to place the petitioner’s suggestions before the concerned expert groups (such as NTAGI and NEGVAC) and may engage a National Task Force for evaluation and further deliberation
  • No directions issued to stop vaccination of pregnant women or lactating mothers; intervenor’s request refused as matters lie in policy and expert domain