Dr Yash Paul has raised very important issues related with human rights. As to the first part of his query, we understand that Pulse Polio Immunization campaign is a part of national effort to eradicate crippling polio disease. All national health programs needs to have persuasive tone and should never have coercive tenure. Coercion may arrogate with fundamental right enshrined in Article 21 of Constitution of India. The Article 21 protects the right of life and personal liberty of citizen not only from the Executive action but from the Legislative action also. A person can be deprived of his life and personal liberty if two conditions are complied with, first, there must be a law and secondly, there must be a procedure prescribed by that law, provided that the procedure is just, fair and reasonable(1). Violation of this fundamental right can be redressed by Hon’ble High Courts of State as well as Hon’ble Supreme Court under their writ jurisdiction. Action of SDM is ultra vires of Article 21 of Constitution of India and person affected can invoke Writ jurisdiction of High/Supreme Court in form of a papauris (paupers suit) to get ration card and power supply restored.

As to the second part of his query, the answer is ‘No’. Patients with immunodeficiency disorders including HIV, combined immunodeficiency, abnormal Immunoglobulin synthesis, Leukemia, Lymphoma/Neoplasm, drug induced immune-suppression or radiation therapy should receive IPV vaccine(2). IPV is also recommended in household contacts of people with immunodeficiency/altered immune status and OPV should not be used in such people(3). IPV has no risk of VAPP, circulating Vaccine Derived Polio Virus (cVDPV) in immuno-compromised host(4). Hence, such a doctor is not interfering with National polio eradication program and no such action can be taken as child immunized with IPV is neither at risk himself nor puts anyone else at risk of polio.

1. Pande JN. Constitutional Law of India. 41st Edition; Allahabad: Central Law Agency; 2004; 213.