Man, suffering from cancer, says he’s allergic to certain medicines; appeals in HC
Man, suffering from cancer, says he’s allergic to certain medicines; appeals in HC
A cancer survivor working as a chemistry teacher at Delhi Public School, R.K. Puram, for the past 25 years was sent on indefinite leave in November last year because he refused to take a COVID-19 vaccine, given his medical condition and past experience of suffering allergic reactions to certain medicines.
R.S. Bhargava, who is also a type 2 diabetes patient, says that the school’s decision came as a “pure shock” to him. Being away from the school has not only burnt a hole in his pocket, Mr. Bhargava rues that it has also kept him away from his students.
‘Feel abandoned’
“At 57 years of age, I have been abandoned by the school. They don’t understand that I am a sick person, I cannot take the vaccine. They have isolated me. Academic isolation leads to degradation of mental health,” Mr. Bhargava told The Hindu.
The chemistry teacher moved the Delhi High Court for relief in February this year.
He is hopeful that a recent Supreme Court judgment, upholding an individual’s right against forcible vaccination, would have positive implications in his case.
According to court documents, in response to Mr. Bhargava’s plea, the school had asked him to seek exemption from the Directorate of Education (DoE).
The apex court in its May 2, 2022, landmark verdict acknowledged that a person has the right under Article 21 of the Constitution “to refuse to undergo any medical treatment in the sphere of individual health”.
The school told the court that it was bound to follow the directions of the authorities to ensure the safety of students and staff.
Medical history
Mr. Bhargava was diagnosed with Angio Immunoblastic Tcell Lymphoma (involving B-cell) (AITCL) in 2017.
Following the onset of the pandemic, the Delhi government and the District Disaster Management Authority (DDMA) issued various orders and guidelines, including one specifying that all teachers need to be 100% vaccinated.
However, on October 26, 2021, an exemption was granted by the Delhi government to Mr. Bhargava from taking vaccination, considering his medical history.
The approval was quickly withdrawn by the State government as per an order dated October 29, 2021, on the basis of a circular issued by DDMA.
Mr. Bhargava shared with the court the medical opinion of a Holy Family Hospital doctor, according to whom “the potential risks outweigh the benefits”.
Chimera Transplant Research Foundation, a Delhi-based private clinic, also examined Mr. Bhargava on November 22, 2021, and recommended that he defer the vaccination till more data is available on the efficacy as well as complications related to vaccination in such individuals.
According to the foundation, people with AITCL have a weakened immune system as a result of which there is a potential risk if someone suffering from this disease gets vaccinated.
High Court directions
In February this year, Mr. Bhargava filed his petition seeking direction from the High Court to the school to reinstate him. The court has since directed the school to release 50% of his salary until further orders.
On the court’s direction to consider Mr. Bhargava’s plea, DoE on August 6 stated that the medical reports and certificates in his case are inconclusive.
The DoE while acknowledging the unique nature of Mr. Bhargava’s case, rejected his request for exemption from COVID-19 vaccination noting that it “might cause adverse effect not only upon him but also on the life of children and teachers and other staff of the school”.
The High Court has asked Mr. Bhargava to appear before specialists at AIIMS to get a conclusive medical advice. The matter has been posted for further hearing on September 13.
Meanwhile, his son, Yash Bhargava, has initiated an online petition on ‘Change.org’ urging the DoE to permit his father to return back to service without forcing him to take the COVID-19 vaccine. The online petition which was started three weeks ago has since garnered the support of over 7,450 people.
