Is Aadhaar necessary for COVID-19 vaccination? Bombay High Court asks Central, Maharashtra government to clarify

The Bombay High Court hearings on the COVID-19 situation in Maharashtra led to an important question being raised on Thursday - should Aadhaar be insisted upon for COVID-19 vaccination? .The Court observed that the Central and State governments should find a solution for vaccinating citizens across the country especially prisoners who may not have Aadhaar cards, which is stated to be mandatory for getting vaccinations..This came after a concern in this regard was flagged by Professor Vijay Raghavan, member of Centre for Criminology and Justice, TATA Institute of Social Services, who closely worked with prisoners. .During a hearing before the Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni concerning the rise of COVID-19 cases in Maharashtra prisons, Raghavan informed that prisoners who did not have Aadhaar cards were not able to avail vaccinations. As such, he urged the Court to pass appropriate orders..Chief Justice Datta, in turn, enquired with the State whether there was any mechanism to identify whether a prisoner had an Aadhaar card or not. ."Let us say an accused is asked by the Magistrate whether he has Aadhar or not, and he says no, then what can be done about it? Can you not check?" Chief Justice Datta asked Advocate General Ashutosh Kumbhakoni..Referring to the practice of collecting of biometric data of individuals traveling abroad, the Court asked if some similar mechanism can be used to verify whether an accused has Aadhaar or not. .The AG responded that the issue of Aadhar-for-vaccination was a pressing issue in most jails in the State as some of the prisoners were foreign nationals. Such prisoners would not have Aadhaar, he noted..The Court observed that Aadhaar may be important for the purposes of identifying the person being administered the vaccination and for the purpose of maintaining a nation-wide data base. .However, the Court opined that the authorities have to come up with some solution for persons who may not have Aadhaar.."Some solution has to be found out from the Centre too. This issue of Aadhar is pan-India issue," Chief Justice Datta said. .The AG submitted that a request has been made to the Centre for its instructions on this issue and that a response is awaited. .Later, while hearing the suo motu case concerning the alleged mismanagement of COVID-19 in Maharashtra, the Bench reiterated that the issue of vaccinations for persons without Aadhaar cards require some form of policy intervention.."Those who don’t have Aadhaar card, they are not getting vaccinations. As a matter of policy please decide. On the ground that you do not have Aadhaar card and you are not vaccinated. That cannot be the situation," Chief Justice Datta said.[Read order here]