High Court Seeks Measles Action

A writ petition has been filed with the High Court seeking directives to keep educational institutions closed until the ongoing measles outbreak is brought under control, alongside the formation of a high-level independent investigation into the deaths of 47 children.

The petition was submitted on Thursday (2 April) by Supreme Court lawyer Latif Jahan Purnima. The Secretary of the Health Ministry’s Family Welfare Division, along with other relevant officials, have been named as respondents in the case.

The plea comes amid growing concern over a surge in measles infections and related fatalities, which the petition describes as indicative of systemic weaknesses in public health preparedness and response mechanisms.

Key Requests in the Petition

The writ seeks a comprehensive judicial directive requiring the authorities to submit a detailed report to the court on the current outbreak situation. This report is expected to include verified data on the number of deaths, infection rates, vaccination coverage, availability of vaccines, and all measures undertaken by the government to contain the spread.

It further calls for an independent, time-bound investigation to determine why vaccination coverage has fallen short, why vaccine shortages occurred, and why preventive measures were delayed. The findings of this inquiry are to be formally presented before the court.

In addition, the petitioner has urged the court to direct the government to immediately launch a nationwide emergency measles vaccination campaign, ensuring an uninterrupted supply of vaccines, syringes, and other essential logistics.

Constitutional Concerns Raised

The petition argues that failures in timely immunisation, inadequate vaccine availability, and shortcomings in emergency healthcare response constitute a violation of Articles 27, 31, and 32 of the Constitution, which guarantee equality before the law, the right to protection of law, and the right to life, respectively.

It further emphasises that continued operation of schools amid an active outbreak significantly increases the risk of transmission among children, thereby posing a serious public health hazard.

Summary of Key Issues Raised

Public Health and Legal Context

The petition underscores that the combination of delayed preventive action, insufficient vaccination coverage, and gaps in healthcare delivery has created a situation of urgent public concern. It describes the current scenario as one involving “imminent risk to life,” particularly for children in densely populated educational settings.

The High Court is yet to decide on the admissibility of the petition. However, legal observers suggest that if the court issues directions, it could lead to significant policy-level interventions in the national response to the outbreak, particularly in immunisation strategy and school safety protocols.