KUMARI VAISHNAVI Vs. UNION OF INDIA

JUDGEMENT

(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 and Ors. V. Mohider Singh Chawla Ors, (1997) 2 SCC 83; Union of India v. Moolchand Kharaiti Ram Trust, (2018) 8 SCC 32).