Abstract

The ever progressing golden chariot of human civilization seems to have halted due to the vehemence of COVID-19 pandemic and left an unprecedented profound impact on every sphere of life. To battle the nemesis vaccination has been the only effective weapon to save numerous lives at stake. The most vulnerable and endangered section of society being the persons with all sorts of disabilities and suffering from mental illness are at the highest risk for which immediate and poetized vaccination is necessary to bolster the health security of the country. The Indian vaccination policy miserably fails to address the situation by not bringing such vulnerable class of people within the priority zone. The inadequacy of national inoculation drive is not only faulty but proving to be disastrous as there is no special treatment for such disabled and suffering from mental illness those who need more attention in such crucial juncture. The State policies lack specific arrangements like door-to-door and mobile vaccination, prioritized vaccination irrespective of disability classification, specifically a scientific, comprehensive Guideline or Standard Operating Procedure. Barrier-free accessibility, exclusive arrangements for disabled vaccination remained a distant dream due to sheer failure of the State factors. Such feeble vaccination policy not only failed to meet the global standard and requirement but also neglected to uphold the statutory rights in light of the international law regime. Indian Judiciary while recognizing the rights and protections of disabled and mental ill people has interfered with greater sensitivity and brought the vaccination policy under the scanner of judicial activism. The Constitutional guarantee of equality and right to life and liberty ensuring meaningful human life over mere animal existence demands affirmative State action to protect those who are in utmost need not out of compassion but as a bounden duty for them being integral part of the nation.

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