Parents of US-born minor move Bombay HC for her vax abroad

Parents of US-born minor move Bombay HC for her vax abroad

She Is Entitled To It In The US, Says Petition

Rosy.Sequeira@timesgroup.com

Mumbai:30.05.2021

TOI: Chennai Edition 

Parents of a 16-yearold US citizen by birth moved Bombay high court to enable her to travel to US so that she can get vaccinated there.

“…she is entitled to it in the US,’’ said the petition by Altamount Road residents Viral and Bijal Thakker, who urged HC to appoint her maternal aunt Purvee Parekh (a co-petitioner) as her legal guardian.

Parekh will then be able to accompany her niece. Their daughter, an IB school student, is in class XI and the academic term begins on July 1.

The petition said due to the pandemic in India, US government on April 30 restricted travel of Indians to US with the exception of US citizens. A minor US citizen can be accompanied by a non-citizen parent or a legal guardian. “It is a policy of the Indian government to vaccinate residents of 18 years and above. Whereas, in US, vaccination is allowed for those aged 12 and above,” the petition stated.

It also said that in the US a stay of 21 days is required for administration of two doses of the vaccine and June affords an adequate opportunity for their daughter to complete her vaccination. The parents desire that their daughter “be vaccinated in US since it is not possible to secure her vaccination in India due to the policy of the government.”

They are unable to travel with her as they live with the grandparents, who recently recovered from Covid-19 and require frequent medical consultations, and a son who is in India on a summer break. The parents are also advised not to travel for a while. Parekh volunteered to accompany her niece. The petition said only one airline flies directly to US from Mumbai and it has requirements for unaccompanied minors travelling by it. Though a minor above 14 can travel alone, the airline and parents feel the minor daughter should not travel alone.

The parents sought legal guardianship for their daughter as there is no legal remedy available under Guardians and Wards Act. They also urged for “other reliefs as the case may require”. The petition submitted that personal liberty under Article 21 (Right to Life) includes the right to healthy environment, to protect health, to access treatment, etc , and in the current pandemic “it is imperative that any measure which furthers the right ought to be allowed”.

“Unless the orders as prayed for are granted, the petitioners will be deprived of their right under Article 21 to provide proper care for their minor child.” The petition will be heard this week.

The parents, in their plea, said that their daughter “be vaccinated in US since it is not possible to secure her vaccination in India due to the policy of the government”