The Jodhpur Bench of Rajasthan High Court comprising Justice Vijay Bishnoi and Justice Rameshwar Vyas, while dealing with the issue of non-distribution of ration and the non-availability of vaccination for migrants (including Pakistani Minority Migrants)- who did not have specific identity cards, has directed the State to make ration cards available to them. [Suo Moto v. Union of India]
Background of the Case
It was submitted before the Hon'ble Court that in these hard times of COVID lockdown, the State was trying to provide rations to every corner and get everyone vaccinated but the issue was that the Pakistani Minority Migrants had no arrangements to fulfill their basic amenities and to get the benefit of health facilities and that these Facilities were not reaching up to Pakistani Minority Migrants due to non-availability of specific identity cards.
"Wherein it is stated that these Pakistani Minority Migrants are staying in India either on short term visa or on long term visa. It is also stated that though some of the eligible persons have been granted citizenship but matters regarding others are pending consideration. In these submissions, the grievances raised on behalf of the Pakistani Minority Migrants is that in the second wave of COVID-19, the State Government has imposed strict lockdown and on account of that the Pakistani Minority Migrants staying in various camps in Jodhpur have no arrangement to fulfill their basic needs like food, water and primary medical health facility."
Submissions of the Parties
It was submitted that in the absence of Aadhar Card and other documents, the eligible Pakistani Minority Migrants were deprived of COVID-19 vaccination, which was very essential for every human being. It was averred in the submissions that though representations were filed on behalf of these Pakistani Minority Migrants through an NGO requesting vaccination of all the eligible Pakistani Minority Migrants but the same was not taken into consideration.
It was further submitted on behalf of the State Government that during the imposition of lockdown (due to the first wave of COVID-19,) these Pakistani Minority Migrants were provided ration kits by the State Government as well as by some NGOs and social organizations. It was further submitted that so far as the present time was concerned, he needed some time to appraise the Court of the availability of ration to these Pakistani Minority Migrants. It was also submitted by the learned AAG that so far as the vaccination of the eligible Pakistani Minority Migrants was concerned, they have requested the Central Government to frame a policy in this respect.
Mr. Mukesh Rajpurohit, ASG, and Mr. Vipul Singhvi, ASG submitted that the Central Government already issued an SOP on COVID Vaccination of persons without having prescribed identity cards through CoWIN on 06.05.2021 wherein, the detailed procedure governing vaccination of those persons, who did not have prescribed identity cards, was given.
Reasoning and Decision of the Court order
Court after taking into the issue of Pakistani Migrants and hearing the counsels held that,
“we are of the view that so far as the process of COVID-19 vaccination of the persons, who are not having prescribed identity cards, is already detailed out by the Central Government and now, it is for the State and District Administration to chalk out a plan for vaccinating the Pakistani Minority Migrants.The issue regarding non-availability of ration to the minority migrants is serious one and we feel that no person residing in the State can be allowed to starve due to non-availability of food. It is the duty of the State to provide ration to every person residing in the State. So far as availability of ration to the Pakistani Minority Migrants residing in Jodhpur is concerned, no details are available on record.”
In such circumstances, the Court directed the State Government to furnish a report regarding the availability of ration to the Pakistani Minority Migrants residing in Jodhpur by the next day.
"The District Collector, Jodhpur should personally monitor the situation and make sure that ration be made available to them immediately."
Case Details
Case Title: Suo Moto Versus Union Of India And Anr.
Bench: Justice Vijay Bishnoi and Justice Rameshwar Vyas
Read Order@LatestLaws.com
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