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The Kerala High Court has observed orally that the Centre’s vaccination policy has created two classes of citizens — those who received Covaxin and whose movements are restricted and those who received internationally approved Covishield and can go anywhere — and said that this was violative of the fundamental rights of a citizen.

Justice P.V. Kunhikrishnan directed the Centre to expeditiously redress the grievance of a petitioner seeking administration of the third dose of an internationally recognized Covid-19 vaccine for Non-Resident Indians (NRIs), who had already received two doses of Covaxin, which is not globally recognized for international travel.

The man, who was working as a welder in Saudi Arabia, moved the court for a third jab of an internationally recognised Covid-19 vaccine, since his first two doses of Covaxin are not recognised in the Gulf countries, and he stands to lose his job in Saudi.

The counsel for the state submitted that the Covid-19 vaccination programme was an evolving one guided by constant and systematic review, taking into account emerging scientific evidence, vaccine availability, experience on the ground, and global best practices.

He further said that no authorised study had so far recognised the efficiency of a booster dose and that side-effects of the same were unknown.

Noting that the citizens are suffering due to the state sponsored vaccination scheme, the Court observed:

“This is a constitutional violation; a clear case of infringement of Fundamental Rights of a citizen. His very right to movement is restricted!”

The court observed that the Centre should resolve the issue within one month or the court would have to direct the Government to pay the salary earned by the petitioner from a company in Saudi Arabia, where he could not go as he had received Covaxin.

Cause Title: Girikumar Thekan Kuunumpurath v. Ministry of Health and Family Welfare & Ors