Deepali Kalia
Delhi High Court issued a notice on May 19, in a plea challenging the phase 2 and 3 trials of the covaxin vaccine on volunteers aged 2-18 years.
However, the bench comprising of Justice DN Patel and Justice Jyoti Singh refused to put a stay on the trials.
The petition filed by advocate Sanjeev Kumar criticized the order of the Central government on May 13, giving permission to Bharat Biotech (the manufacturer of covaxin) to be able to conduct Phase 2 and 3 trials of the vaccine on children aged 2-18 years.
The petition stated that such an order is prima facie unlawful, arbitrary and contrary to principles of natural justice as the trials can have adverse effects on children’s mental and physical health and can even endanger their lives
“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 stated.
The petitioner claimed that consent is primary in order for such trials to take place and as children are unable to consent hence such an agreement signed for the trials would be in the teeth of the Indian Contract Act.
The petitioner further added that the agreement would still be unlawful if signed by child’s parent as it is not in the best interest of the child.
The petition went so far as to state that such trials would amount to the offence of culpable homicide under Indian Penal Code.