The Supreme Court on Thursday refused to entertain a public interest litigation challenging the implementation of the central government’s nationwide human papillomavirus vaccination drive for adolescent girls, leading the petitioner to withdraw the case.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana dismissed the petition as withdrawn after questioning the motives behind the filing and warning that it would not permit interference with an initiative crucial to public health. The bench made oral observations that the petition lacked bona fides and appeared to have been initiated with an ulterior purpose.
Addressing the petitioner, the bench cautioned against inviting critical judicial remarks, noting that if the organisation comprised medical professionals, attempting to disrupt a health measure aimed at protecting millions of young girls was an exceptionally grave matter. The court further observed that standard legal rules governing compensation remain applicable whenever any improper administration of a vaccine occurs.
Concerns Over Monitoring And Compensation
The legal challenge was initiated by the Universal Health Organisation, which raised questions regarding the execution of the state-sponsored immunisation initiative. In its petition, the group had alleged that the programme breached constitutional protections related to bodily autonomy, informed consent, accountability, and transparency.
Appearing for the petitioner, counsel maintained that the organisation held no anti-vaccine stance and was not contesting the HPV vaccine itself. Instead, the advocate stated that the challenge focused specifically on operational issues, contending that the rollout lacked a structured mechanism to track adverse occurrences and required an established compensation framework for any affected recipients.
When the bench made clear its disinclination to entertain the plea and asked whether the petitioner wished to withdraw rather than face adverse judicial findings, the counsel opted to withdraw the petition.
Background Of The Vaccination Campaign
The immunisation programme targets cervical cancer prevention among adolescent girls across the country. Prime Minister Narendra Modi officially commenced the nationwide campaign on February 28 from Ajmer, Rajasthan, focusing on 14-year-old girls.
The government initiative administers Gardasil 4, a single-dose quadrivalent vaccine. The formulation is designed to provide targeted immunisation against HPV types 16 and 18, which are the primary strains responsible for the development of cervical cancer, in addition to guarding against types 6 and 11.
