SANJAY KAROL, S. KUMAR
Kumari Vaishnavi – Appellant
Versus
Union Of India – Respondent
JUDGMENT
1. Is the State under an obligation to provide for a special programme to vaccinate persons with disability, more so, affected with leprosy, in the wake of ensuing wave of Pandemic Covid-19 is the issue arises for consideration in the present case.
2. Persons with disability, undoubtedly, remain in vulnerable situations and experience marginalization thus exposing themselves openly to the virus. Most of such persons suffer from co- morbidities, weakening their immune system. They also suffer due to lack of social protection and income security.
3. Right to health is the fundamental right stands well established. By virtue of Article 21 and Article 47 of the Constitution of India, the State is under an obligation to ensure raising the standard of public health. (See- Passchim Banga Khet Mazdur Samity v. State of West Bengal, (1996) 4 SCC 37; State of Punjab & Ors. V. Mohider Singh Chawla Ors, (1997) 2 SCC 83; Union of India v. Moolchand Kharaiti Ram Trust, (2018) 8 SCC 32).
4. The duty to do so is all the more onerous in relation to the persons suffering from comorbidities and/or disability. The petitioners have highlighted the grievance of the persons falling within the defini
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