The Delhi Commission for Protection of Child Rights (DCPCR) has moved the Supreme Court against the January 14 advisory of the Union government excluding pregnant and lactating women from COVID-19 vaccination.

The notification was based on unreasonable classification, arbitrary and violated the right to life of a class of women. It also threatened the life of new-born children and the reproductive health of women. “The health of pregnant women and lactating mothers is inextricably connected with and directly impacts on the mortality and health of children,” the petition said.

The advisory was issued by the Ministry of Health and Family Welfare. “No subsequent change has been made to the advisory, despite later evidence, medical research and studies all demonstrating the need to vaccinate pregnant and lactating women, to protect them from COVID-19,” the plea submitted.

“The State has a constitutional obligation towards protecting the health of women and children, and particularly pregnant women and lactating mothers… Vaccination will advance this objective of promoting health as it will boost the immunity and provide resistance against this pandemic,” it noted.

Federation statement

The petition referred to the Federation of Obstetric and Gynaecological Societies of India’s statement, which said the “very real benefits of vaccinating pregnant and lactating women seem to far outweigh any theoretical and remote risks of vaccination. Lactating women should also be considered as COVID vaccine candidates as there are no known adverse effects on the neonate who is breastfeeding. In fact, there is a passage of protective antibodies to the child”.

The World Health Organisation had recommended vaccination of pregnant women in March.

The petition referred to Dr. Gagandeep Kang, Member, COVID-19 Working Group, Government of India, who said that “pregnant and lactating women should get the vaccine at any stage in pregnancy or whenever available when breastfeeding”.