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 definition of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the Act). In terms of the instant petition, petitioners want the State to provide a mechanism for door to door vaccination of such persons. Petitioners have highlighted as to how persons residing in affected colonies within the State of Bihar are being deprived of their right of getting vaccinated.

5. Individuals with disability are unable to adhere to safety measure because of their condition. Individuals with visual impairment, locomotors disability, cerebral palsy etc cannot ensure safe practice as they require assistance at the end of the day for their basic needs. The moment they take assistance from another individual the possibility of them getting infected with COVID-19 increases.

6. This situation is more severe in case of individuals who need assistance for walking or those who are facing problem with reference to their eye sight. They don't just need to take assistance of another person but also foreign objects in public place by touching or holding them in order to walk properly. Since the major route of virus transmission is through contact, hence they are most vulnerable.

7. Moreover, certain individuals because of their health condition have weak immune system (hemolphilia, thalassimia etc.) which aggravates their condition.

8. The situation of person affected with leprosy is worse than that of Individuals with Benchmark Disability because of the stigmatization they have to face in society because of its infectious nature. Furthermore, individuals affected with Leprosy are worst affected by the pandemic because of their pre-existing conditions which tends to further aggravate the situation.

9. Considering the fact India is the country with largest number of Leprosy affected people around the world. Hence vaccination of such individual without government support is far from reality.

10. As per Sections 8 and 25 of the Act, the National Disaster Management Authority and the State Disaster Management Authority and more specifically the District Disaster Management Authority are to maintain records and of details of persons with disabilities in the District. Also take suitable measures to inform such persons of any situations of risk so as to enhance disaster preparedness. Also the Government is under an obligation to take necessary measures for the persons with disability to provide- (a) free healthcare in the vicinity specially in rural area subject to such family income as may be notified; (b) barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres; (c) priority in attendance and treatment.

11. Even as per the international conventions, Articles 11 and 25 of the Convention of Rights of Person with Dis