KERALA HC - AN INDIVIDUAL WHO PAYS FOR THE COVISHIELD VACCINE HAVE THE RIGHT TO CHOOSE THE 2ND DOSE ANYTIME AFTER FOUR WEEKS

The Single Judge, Justice PB Suresh Kuma of Kerala High court, held that an individual who pays for the Covishield vaccine has the right to choose the 2nd dose of the vaccine anytime after four weeks from the first dose but before 84 days from the first dose. The court issued the order after observing that "vaccination is voluntary and hence the interval prescribed by the government can only be considered as advisory". Therefore, there is no reason for the government to oppose the choice of individuals seeking early vaccines by paying in private hospitals.

The Court passed the order after noting that the Central government had shortened the interval for Indian government officials with commitments abroad, people participating in the Olympic Games, people travelling abroad for education or employment.

The Court was hearing a plea filed by Kitex Garments Limited seeking to get the second dose of the vaccine to its employees without waiting for the 84-day time gap as prescribed by the central government. And has already bought sufficient stock of the vaccine for its employees. 

Counsel for the Centre argued that the gap had been suggested based on guidance given by the National Expert Group on Vaccine Administration for Covid-19.

The Court directed the centre to make necessary provisions in covid 19 portal - Cowin to enable scheduling of the second dose of vaccine after four weeks of the first dose.

Author: Papiha Ghoshal