COVAXIN: Kerala High Court Directs Central Government to Ensure That Covaxin Is Internationally Recognized, included in WHO Emergency Vaccine List

(Judicial Quest News Network)

The Kerala High Court on Thursday sought the central government’s response regarding the steps taken by it to get approval by World Health Organisation (WHO) for indigenously developed COVID-19vaccine, COVAXIN so that it can be used internationally.

A division bench of the Kerala High Court comprising of Chief Justice S.Manikumar and Justice Shaji P Chaly  has sought  Such inputs in the certificate issued in India may be necessary for authorities in foreign countries to rely up on credibility of such certificate.

Therefore, we direct the Union of India to consider incorporation of such details in the covid vaccination certificate. This shall be done within a period of three weeks. The learned ASGI is also directed to get instruction as to the other prayers made in the writ petition.”

It is pertinent to mention here that the court has asked the Centre to explain “what steps have been taken by the Central Government to ensure that Covaxin is recognized internationally”.

An Indian Citizen Rahim Pattarkadavan, employed in Saudi Arabia, filed the PIL espousing the cause of expatriates in General and the expats of Saudi Arabia in particular. In light of the technical anomalies faced by Non-Resident Indians for traveling to Saudi Arabia due to their strict travel guidelines, the Petitioner an expat himself who is working in an organization where 40% of the employees are expats.

Earlier a representation on 15.5.2021 the Petitioner wrote a representation to the Hon’ble Cabinet Minister, Ministry of Health and Family Welfare seeking assistance in travel internationally for work and seeking similar reliefs as prayed for in this petition, But the authorities never considered his request which has urged the petitioner to knock the High Court.

According the PIL contentions following four reliefs were sought.

  1. Complete name of the COVISHEILD vaccine be provided in the Vaccination Certificate.
  2. Passport Number be displayed on the Vaccination Certificate
  3. Provide second dose of vaccine to expatriates on priority basis
  4. Ensure that Covaxin gets Universal recognition

When the matter was heard earlier this month, the Court had observed that the questions raised the petition required ‘meritorious consideration’ and thereby directed Union of India to consider incorporation of such details in the Covid vaccination certificate within three weeks.

It is further submitted that the state government had already acted upon the second dose to expatriates on priority basis.

The PIL was filed through Advocates Haris Beeran.

The court has also directed Mr. Jagadeesh Laxmanan, learned counsel appearing for the Central Government, to get appropriate instructions, as to what steps have been taken by the Central Government to ensure that Covaxin is recognized

internationally. Learned counsel appearing for the Central Government is

also directed to get instructions as regards the incorporation of the

details in Covid vaccination certificate, as ordered on 02.06.202.

The Court directed the Central government to r produce its response for the next hearing, 6th July 2021.

The petition seeks following reliefs from the Court

i) Issue a Writ in the nature of Mandamus or any other appropriate

writ, order or direction to the Respondent to provide the

complete name of the COVISHIELD vaccine in the Vaccination

Certificate i.e. “Oxford–AstraZeneca COVID-19 vaccine”;

ii) Issue a Writ in the nature of Mandamus or any other appropriate

writ, order of direction to the Respondent to include the

Passport Number as the Identification Number in the Vaccination

Certificate forall the Persons vaccinated in India;

iii) Issue a Writ in the nature of Mandamus or any other appropriate

writ, order or direction to the Respondents that priority may be

given toadminister the second dose of vaccine on an urgent

basis, to the Petitioner and other expatriates who are compelled

to travel abroad in connection to their employment;

iv) Issue a Writ in the nature of mandamus or any other

appropriate writ, order of direction directing the Respondent to

ensure that Covaxin is recognized internationally and accepted

by as many countries as possible including the WHO in their

emergency vaccine list;

v) Pass such other and further order or orders as this Hon’ble Court

may deem fit and proper under the facts and circumstances of

the present case.

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