Explain Why Pakistani Minority Migrants with No Identity Cards Not Being Vaccinated Despite Court's Order? : Rajasthan High Court to State Government [READ ORDER]

On June 3, 2021, the Rajasthan High Court asked the state government to explain why it was treating Hindu migrants from Pakistan ineligible for anti-Covid vaccination despite its clarification that the Centre’s vaccination norms make them eligible for it.

A Jodhpur bench of the High court comprising Justice Vijay Bishnoi and Justice Rameshwar Vyas noted that after its order on May 28,2021, the letter was written by the National Health Mission under the Medical, Health, and Family Welfare Department of Rajasthan to the Union Health and Family Welfare Ministry with a request to include minority migrants too in the Centre’s SOP.

On this court remarked that,

“During the previous hearing on May 28, the court had ruled that the SOP dated 06.05.2021 did not exclude Pakistani minority migrants for vaccination, who are eligible for covid vaccination then it is difficult to understand why the state government is seeking further clarification from the central government and requesting it to include the Pakistani Minority Migrants in the SOP,”.

Sajjan Singh, the amicus curiae appointed on behalf of the Pakistani minority migrants, additionally presented that some of the Pakistani minority migrants, who have been declared as residents of this country, are not being vaccinated because they are not having Aadhar Cards.

He also submitted that food packets/ ration cards are only being made available to the Pakistani Minority Migrants residing in Jodhpur City but not in other districts such as Jaisalmer, Barmer, and Jaipur.

After hearing Sajjan Singh's submission, the court asked the chief secretary, the government of Rajasthan, Jaipur:

• to file a detailed affidavit to the court, enumerating all the steps taken by the state government in each district according to the procedure provided in clause -5 of the SOP dated 06.05.2021
• to explain that why the state government had already made it clear during the last hearing on May 28 that the Centre’s SOP for identifying people for vaccination in absence of any valid identification documents makes Pakistani migrants eligible for vaccination.

The court also gave direction to the state’s law officer to submit a status report on the availability of food to needy Pakistani Minority Migrants in the State of Rajasthan.

During the previous hearing, the Rajasthan High Court asked the state government to ensure that a ration card is made available to all Pakistani minority migrants residing in jodhpur by May 29,2021.

The court also asked the state government to determine vaccination of those who are having prescribed Aadhaar cards (including Pakistani Minority Migrants).

Now the matter will be heard on June 10, 2021.

 Case title - Suo Moto v. Union of India and Another [D.B. Civil Writ Petition No. 10075/2017]

[READ ORDER]