The Delhi High Court today issued notice in a petition calling into question the phase II and III trials of the COVID-19 vaccine Covaxin on persons aged 2-18 years..The Bench of Chief Justice DN Patel and Justice Jyoti Singh, however, refused to stay the trials..The petition filed by Advocate Sanjeev Kumar assails the May 13 order of the Central government granting permission to Bharat Biotech (manufacturer of Covaxin) to conduct phase II/III trials of the COVID-19 vaccine on persons aged 2-18 years..It is contended that such trials will adversely affect the physical and mental health of such children, and may even result in the loss of their lives. Therefore, such an order is prima facie unlawful, arbitrary and contrary to the principles of natural justice, the petitioner claims.."This Hon'ble Court is requested to kindly adjudge as to whether the respondents have ensured the 'voluntariness of the young toddlers' for allegedly volunteering as the subject matter of the aforesaid clinical trial which involves very clear possibility of loss of life and/or loss of peaceful and pleasant enjoyment of life to a toddler/minor child," the petition reads..It is argued that for such trials to take place, there must be consent given by the volunteers, who are required to sign an agreement to that effect. However, such an agreement would be in the teeth of provisions of the Indian Contract Act, it is submitted. Even if the said agreement has been signed by the parents of the child volunteers, the same would be unlawful as it is not in the best interest of the children, the petitioner adds..The petitioner goes as far as to say that conducting such trials would amount to the offence of culpable homicide as defined in the Indian Penal Code..Further, it is claimed that given the socio-economic scenario of the country, the possibility of parental consent being obtained through questionable enticements and monetary considerations cannot be ruled out.
The Delhi High Court today issued notice in a petition calling into question the phase II and III trials of the COVID-19 vaccine Covaxin on persons aged 2-18 years..The Bench of Chief Justice DN Patel and Justice Jyoti Singh, however, refused to stay the trials..The petition filed by Advocate Sanjeev Kumar assails the May 13 order of the Central government granting permission to Bharat Biotech (manufacturer of Covaxin) to conduct phase II/III trials of the COVID-19 vaccine on persons aged 2-18 years..It is contended that such trials will adversely affect the physical and mental health of such children, and may even result in the loss of their lives. Therefore, such an order is prima facie unlawful, arbitrary and contrary to the principles of natural justice, the petitioner claims.."This Hon'ble Court is requested to kindly adjudge as to whether the respondents have ensured the 'voluntariness of the young toddlers' for allegedly volunteering as the subject matter of the aforesaid clinical trial which involves very clear possibility of loss of life and/or loss of peaceful and pleasant enjoyment of life to a toddler/minor child," the petition reads..It is argued that for such trials to take place, there must be consent given by the volunteers, who are required to sign an agreement to that effect. However, such an agreement would be in the teeth of provisions of the Indian Contract Act, it is submitted. Even if the said agreement has been signed by the parents of the child volunteers, the same would be unlawful as it is not in the best interest of the children, the petitioner adds..The petitioner goes as far as to say that conducting such trials would amount to the offence of culpable homicide as defined in the Indian Penal Code..Further, it is claimed that given the socio-economic scenario of the country, the possibility of parental consent being obtained through questionable enticements and monetary considerations cannot be ruled out.
