Chambers of Daksha Kumar
Nobody Can Be Forced To Get Vaccinated; Vaccine Mandates Not Proportionate: Supreme Court
Updated: Jun 1, 2022
The government has taken security measures to make vaccinations mandatory for all citizens. People who have not been vaccinated and have not obtained a vaccination certificate are not permitted to travel and are subject to other restrictions too.
The government takes such measures to ensure citizens' safety and to reduce the rising number of covid cases. However, some citizens believe that the necessary regulations are unjust and infringe on an individual's fundamental right to freedom, and have filed a petition with the court.
According to the apex court, no one may be forced to get vaccinated under the law. The court further said it could be a violation of an individual's fundamental right, and the court also instructed the government to publish a report on the vaccine's negative effects without revealing the individual's identity.
The bench went on to say that the government can impose some restrictions for the welfare of the entire society. Although the number of cases is minimal presently and unvaccinated people should not be denied access to public places, services, or resources.
Jacob Puliyel, a former member of the National Technical Advisory Group on Immunization (NTAGI), submitted a petition claiming that making vaccines mandatory for the public is unlawful and violates the fundamental right to personal liberty.
Many states make vaccination mandatory for government personnel; they can only travel by public transportation or obtain food rations if they are vaccinated, according to the petition.
The petitioner also stated that the vaccine got licensed in an emergency and that the clinical trial was not completed properly, raising concerns about the vaccine's safety and efficacy.
The vaccine developer, Adar Poonwalla's Serum Institute of India and Bharat Biotech, stated that the vaccine is not licences hurriedly, but rather after a thorough trial, and that all trial data is already available to the public.
The governments of Madhya Pradesh, Maharashtra, and Tamil Nadu, on the other hand, keep the vaccine mandate necessary for everyone’s safety and stated that they cannot remove it to gamble with their residents' health.