Thread by @barandbench

#BombayHighCourt to hear plea filed by Mumbai lawyer seeking door-to-door #COVIDVaccination for citizens above 75 years of age and those who are specially-abled or bed-ridden.

#COVID19Vaccination #COVIDSecondWaveInIndia #COVIDEmergency2021

Advocate Dhruti Kapadia is the petitioner in person.
ASG Anil Singh appears for Centre and Advocate General Ashutosh Kumbhakoni appears for State.
Sr Adv Anil Sakhare appears for BMC.

@DhrutiMKapadia

#COVID19Vaccination #COVIDEmergency2021 #BombayHighCourt

Hearing begins.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Kapadia makes submissions on the BMC affidavit.

The affidavit states that people will be able to choose wards and then book vaccines.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Kapadia: Their circular states that the citizens who have none of the ID cards have to be associated with an NGO. But why not allow walk-in.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Kapadia: This circular for drive in vaccinations does not apply for bed ridden, and time slots for different citizens.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Kapadia also states that there is some confusion on guidelines for people taking first dose versus taking second dose.

Kapadia shows from the affidavit the SOPs for giving vaccinations for people without ID cards.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Kapadia: They also have to be specific on the gender issue and ensure they add the third gender to their list.

@DhrutiMKapadia

Kapadia: How do I identify the beggars on the road and having digital reach is going to be a problem?
Door to door will be easier to maintain records.
My main concern is on the crowding at centres.

Kapadia: They could have a thing like there are 100 shots of vaccine for an hour. That would help to manage time.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Kapadia: Practically on the site, the centres are haywire and mismanaged.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Court: MoHFW SOP seems to be including all the necessary requirements. Let us see the efficiency. They have appointed nodal officers responsible for this information.
Let us see the response to this.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Adv Aditya Thakker holding for ASG submits that the SOP for door to door will be framed shortly.

Court: The SOP has to come as early as possible.

Thakker states that he has submitted a note.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

ASG refers to the note filed by Centre.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Court: Where is the reference to bedridden people?

ASG reads from the note.

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

Court: Where is the consideration of the committee? Why is door to door not possible?

#COVIDVaccination #COVIDEmergency2021 #BombayHighCourt

ASG reads from the note.

Court: This is not door to door, this is far from door to door. We are only trying to understand what is the reason why there cannot be a door to door?

#COVIDVaccination #BombayHighCourt

ASG’s voice is not clear.

Court: This is an important matter, why did you leave the court. Your audio quality is also not good. We would like for you to address us from Court room.

(ASG was present in the Court in the morning for another COVID related matter)

Matter kept back to be taken up at 3pm.

#COVIDVaccination #BombayHighCourt

Hearing resumes.

ASG has come into the court.

He submits from his note that the reasons mentioned by the expert committee members.

#CovidVaccine #BombayHighCourt

CJ Datta: I am not aware of Bombay. But in North Kolkata, there are buildings, where even a stretcher cannot be taken inside for bringing out an ailing person. So if someone is bedridden and has to be brought out, and if there is no space for manuvering how will they bringout?

CJ Datta: They may be experts, but they seem to have zero knowledge of the ground reality.
The former retd CJ of Allahabad HC was a resident of North Kolkata and taller and heavier than me. He died immediately after retirement. He was brought out in a bedsheet!

CJ Datta: Old Delhi may have this problem. People in New Delhi may not be aware of this problem.

ASG: I was equally concerned. We also put the same questions to these officers.
We told them our concerns.

Officers told me that they will be issuing detailed summary.

ASG: The present guideline is a temporary guideline. What I have submitted is a summary of a meeting.

Court: They are talking of issues and everything, and they take of transportation!

#CovidVaccine #BombayHighCourt

ASG: How to tackle the SOP issue we will be considering. We will think of something.

Court: Our order was very clear on what we want. That part seems to have not been considered by the meeting.

(To BMC): Can you start door to door vaccination?

#CovidVaccine #BombayHighCourt

Court: We will grant you permission. Do not wait for the Centre’s permission. Go to the aid of elderly.

Kapadia submits that as per BMC’s affidavit they can conduct door to door vaccination.

#CovidVaccine #BombayHighCourt

Kapadia states that the family members can give consent forms so that nobody can be held personally responsible if in case anything goes wrong.

Pvt companies are advertising that they can come and give.

#CovidVaccine #BombayHighCourt

BMC Lawyer submits that the provisions which Kapadia was mentioning is done privately by the housing societies on their own. The BMC is only facilitating in getting the vaccines, but the managing and the payment is all to be taken by the society.

#CovidVaccine #BombayHighCourt

Court: You please consult with the Commissioner, if someone is bed ridden can BMC conduct the vaccination for them at home?

#CovidVaccine #BombayHighCourt

BMC lawyer says that in the event ther is medical emergency, how to manage that is to be considered.

Court: In this drive-in facility that you have organised where is this facility? And how many are the cases where this emergency is arising?

#CovidVaccine #BombayHighCourt

Court: There is a print report which says that in some 1000s of cases there is clot in one, Covaxin has no such report.

BMC Lawyer: Hence monitoring is important.

Kapadia: Then what happens at the 31st minute? Or after 2 days?

#CovidVaccine #BombayHighCourt

Court: This is concerning people who cannot come out. They cannot be even brought down. Should they not have a vaccine only because they cannot be brought out?

#CovidVaccine #BombayHighCourt

Court: There is a Bengali film shot in Varanasi where they have shown a cow blocking a road and there is no space to move.

ASG: There are difficulties.

Court: Then say that these are the difficulties and hence we cannot do it!

#CovidVaccine #BombayHighCourt

Court: Why not give permissions to people who can do it? With proper consideration of the risks, if they are willing to do it.. Like BMC is doing it.. vaccinating over lakhs of people.. If they can do it then let them do it.

#CovidVaccine #BombayHighCourt

Court (to BMC): file an affidavit, can you initiate door to door vaccination?

Court: We will say in our order, even if Centre is not giving green signal, we are giving you green signal, even if you cannot do it or not.

BMC: tomorrow is a short time.

#CovidVaccine

Court: We know it is a short time, but then lives are precious. Each day is important for them.

ORder: We have have heard the counsels at some length. We have kept this matter tomorrow for further consideration. We want the municipal commissioner to apprise us on the possibility

Order: of door to door vaccination policy for such citizens. Whether it can be introduced or not after obtaining the relatives of such citizens. after being aware of such consequences.

#COVID19India

Kapadia: There was an article of India Today where BMC wanted to conduct door to door vaccination and there was nothing from the Centre on it.

There is reference of a permission. That could be considered.

@IndiaToday

Order: We are informed of this report and although we do not want to rely on newspaper reports, we do want instructions from BMC on this.

#CovidVaccine #BombayHighCourt