Can’t force people: SC on jabs
Top court says bodily integrity protected under Article 21, directs public, pvt institutions to review vaccine mandates
NEW DELHI: Nobody can be forced to be vaccinated, the Supreme Court said on Monday and directed public and private institutions to review their vaccine mandates restricting unvaccinated people. “No individual can be forced to be vaccinated. Bodily integrity is protected under Article 21 of the Constitution,” said a bench of justices L Nageswara Rao and BR Gavai
Jacob Pulayil, a former member of the National Technical Advisory Group on Immunisation, moved the court against the vaccine mandates restricting access of unvaccinated people to public places, services and essential commodities. He also sought disclosure of vaccine trial data findings and adverse effects of vaccination. Pulayil claimed that without knowing the efficacy of the vaccines, citizens, especially children, cannot be vaccinated.
The court said the vaccine mandates were “not proportional”. “We suggest that all authorities, including private and educational authorities, should review the orders to restrict unvaccinated persons if not already recalled.”
The court clarified its order is restricted to Pulayil’s petition and does not cover mandates for Covid-appropriate behaviour. It added the direction will not stop governments from issuing directions for control of the pandemic.
The court said no data has been provided by the Centre to controvert the material placed by the petitioner, which indicates the risk of transmission by the unvaccinated is at par with the vaccinated. It upheld the vaccination policy rolled out by the Centre for the public including children. The court said an individual has the right to refuse to undergo medical treatment. “...in the interest of protection of communitarian health, certain restrictions can be imposed on individual rights. However, it has to meet the three-fold test as laid down by us in the K Puttuswamy case [2017] on right to privacy which includes legality...legitimate state aim and proportionality.”
The bench cited the material placed before the court and said the vaccination policy cannot be said to be unreasonable. It referred to the vaccination for children and added: “We cannot second guess the opinion of experts as the vaccination folcontinued