The Kerala High Court, on Monday, directed the Centre to make provisions on the CoWIN portal to enable those who are keen to take the second dose of Covishield vaccine after four weeks in terms of the initial protocol to be able to schedule it.

Kitex petition

Justice PB Suresh Kumar issued the directive while allowing a writ petition filed by Kitex Garments Limited and Kitex Children’s Wear Limited, seeking a directive to the Centre to allow its workers to receive a second dose of Covishield vaccines without completing the stipulated 84-day gap between the two doses.

The court pointed out that that the Centre had relaxed the time interval between the two doses of Covishield initially for students to undertake foreign travel for the purpose of education; those who have to take up jobs in foreign countries; and for athletes, sports persons 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.

‘Extend privilege’

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 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, education”.

No compulsion

The court further observed that it was declared by the Union Ministry of Health and Family Welfare that the vaccination was voluntary and that there was no compulsion on anyone to accept the same.

If that be so, the requirement to administer two doses of the vaccine and the time interval between the two doses for better protection from infection could only be considered as advisory. “In other words, when the people have even the right to refuse to accept vaccine, there is absolutely no reason why the State should take the 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 also pointed out that the Kerala government, on its own, without the concurrence of the Central government, had relaxed the time interval between the two doses of the Covishield for those who intend to go abroad for employment.

These facts were not in dispute. In other words, the government had permitted all classes of persons to exercise the choice between early protection and better protection from Covid.

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