The parents of a 16-year-old girl, who is a US citizen by birth, have moved to the High Court of Bombay to enable her to travel to the US for anti-Covid vaccination.
In their plea, Altamount Road residents Viral & Bijal Thakker said their daughter was entitled to vaccine in the US & urged the Court to appoint her maternal aunt Purvee Parekh (a co-petitioner) as her legal guardian so she can travel with her niece. The girl is a Class 11 student of an IB school & her academic term begins on July 1.
The plea pointed out that while the Indian Govt has approved vaccination for only those above eighteen years of age, the US administration allows inoculation of all those aged 12 & above.
The Thakkers further said that in the US, a stay of 21 days was must for administration of the two doses & June affords their daughter adequate time to complete her vaccination.
In their petition, the Thakkers further said that due to the Covid situation in India, the US had on April 30 restricted travel of Indians with the exception of American citizens. A minor US citizen can be accompanied by a non-citizen parent or legal guardian. The daughter also holds an Overseas Citizen of India card & has a permanent visa issued to her by India.
The couple said they would not be able to travel with their daughter as they lived with their parents who had recently recovered from Covid-19 & required frequent medical consultations. Besides, their son is in India on summer break. They themselves had been advised not to travel for a while, the Thakkers said, adding that Parekh had volunteered to accompany her niece. The petition said only one airline flies directly to the US from Mumbai & it has requirements for unaccompanied minors. Though a minor above 14 can travel alone, the airline & the parents feel the minor daughter should not travel alone, the petition said.
The parents sought legal guardianship for their daughter as there is no legal remedy available under the Guardians & Wards Act. They also urged for “other relief 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 , & 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 plea, which will be heard this week, said.
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