Remove curbs against unvaxxed for now: SC

The Supreme Court on Monday asked governments and private institutions to consider recalling orders prohibiting access to services to people not vaccinated against Covid-19, even as it affirmed the efficacy of the vaccines in reducing the risk of mortality and upheld the authority of the Centre and states in imposing suitable restrictions against unvaccinated people in future to prevent transmission.

A bench of justices L Nageswara Rao and BR Gavai further held that “no individual can be forced to be vaccinated” since it would amount to infringement of bodily integrity and personal autonomy, but underscored at the same time that governments are entitled to regulate public health concerns by imposing certain limitations on individual rights.

“As long as there is a risk of spreading the disease, there can be restrictions placed on individuals’ rights in larger public interest,” it ruled.

Attempting to strike a balance between the rights of individuals pitched against the protection of public health, the bench, in its 115-page judgment, sought to highlight the benefits of vaccination while discouraging “disproportionate” restrictive measures by governments against unvaccinated people.

Some states, through separate orders in 2021, made vaccination mandatory to access public spaces such as educational institutions, offices, and public transport.

SUPREME COURT

As long as there is a risk of spreading the disease, there can be restrictions placed on individuals’ rights in larger public

interest.