Altamount Road residents, Viral and Bijal Thakker moved Bombay High Court on May 30th, 2021, to enable their 16-year-old daughter to travel to the United States of America, accompanied by her aunt to get her jab of COVID -19 Vaccine.
The Thakkers submitted that their daughter is a US citizen by birth and also holds an Oversees Citizen of India card and has a permanent visa issued to her by India.
The girl is a Class 11 student of an IB school and her academic term begins on July 1 and since the government in the US allows inoculation of all aged 12 or above, as opposed to India, where inoculation of only those above the age of 18 is being carried out.
They submitted that the US administration requires a stay of 21 days for administration of 2 doses and June will afford their daughter the time required to completer her vaccination.
In their petition, the couple submitted that due to the health of their parents and their son’s stay in India during his summer break, they would not be able to accompany their daughter and even though airlines have provisions for unaccompanied minors, the airlines and the couple deem it fit for the maternal aunt, Purvee Parekh, to accompany their daughter to the United States of America.
The couple in seeking legal recourse submitted that there is no remedy under the Guardianship and Wards Act and further urged for any other relief that the case may require. They also urged that the unless the orders as prayed are granted, the petitioner would be deprived of Right to personal liberty under Article 21, enshrining in it the right to healthy environment, protect health and to access treatment.
The court has listed the matter to be heard in the first week of June.