The Hon’ble Supreme Court while hearing a Public Interest Litigation filed by Dr. Jacob Puliyel wherein he challenged the constitutional validity of the vaccine mandates imposed by States, in particular, Delhi, Madhya Pradesh, Maharashtra and Tamil Nadu and also sought directions to be given to the concerned authorities to disclose and publish the date on clinic trials of Covid-19 vaccines, held that no individual can be forced to get vaccinated and the right to bodily integrity of a person protected under Article 21 of the Constitution include the right to refuse to vaccinate.
The Hon’ble Court further stated that:
“No data has been placed by the Union of India or the States appearing before us, controverting the material placed by the petitioner in the form of emerging scientific opinion which appears to indicate that the risk of transmission of the virus from unvaccinated individuals is almost on par with that from vaccinated Persons. In light of this, restrictions on unvaccinated individuals imposed through various vaccine mandates by State Governments/ Union Territories cannot be said to be proportionate. Till the infection rate remains low and any new development of research finding emerges which provides due justification to impose reasonable and proportionate restrictions on the rights of unvaccinated individuals, we suggest that all authorities in this country, including private organisations and educational institutions, review the relevant orders and instructions imposing restrictions on unvaccinated individuals in terms of access to public places, services and resources, if not already recalled.”
The Court said that as long as COVID numbers are low, no restrictions should be imposed on individuals on access to public areas and the same should be recalled if such restrictions are in place.
The court also ordered the Union of India that all Covid vaccine trial data conducted and to be subsequently conducted should be made available to the public, subject to privacy of individuals.
The court, however, made it clear that current vaccine policy cannot be said to be manifestly arbitrary. (Dr. Jacob Puliyel Versus Union of India, WP (Civil) 607 of 2021 on 02.05.2022)
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