SC also says vaccine mandates imposed by state governments in respect to COVID are ‘not proportionate’
Pic/PTI
No individual can be forced to get vaccinated against COVID-19, the Supreme Court said on Monday. Bodily autonomy and integrity are protected under Article 21 of the Constitution, a bench of Justices L Nageswara Rao and B R Gavai said. The SC also said that based on available material and considering expert views, the Centre’s COVID-19 vaccine policy cannot be said to be manifestly arbitrary and unreasonable.
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The bench suggested that there be no restrictions on unvaccinated people in public areas until COVID-19 numbers are low. The top court, however, said in the interest of protection of communitarian health, the government is entitled to regulate issues of public health concern by imposing certain limitations on individual rights, which are open to scrutiny by constitutional courts.
Students queue up to get vaccinated, amid rise in COVID cases, at a government school, in Jalandhar, Punjab, on Monday. Pic/PTI
The judgment came on a plea filed by Dr Jacob Puliyel, a former member of the National Technical Advisory Group on Immunisation, who has sought directions to also disclose post-vaccination data regarding adverse events.
The bench said no data has been placed by the Union of India or the States controverting the material placed by the petitioner in the form of emerging scientific opinion which appears to indicate 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 (UTs) cannot be said to be proportionate.
“Till numbers are low, we suggest that relevant orders are followed and no restriction is imposed on unvaccinated individuals on access to public areas or recall the same if already not done,” the bench said.
Noting that information relating to adverse effects following immunisation is crucial for understanding the safety of the vaccines, it said, “Union of India is directed to facilitate the reporting of suspected adverse events by individuals and private doctors on a virtual platform and the reports so made shall be publicly accessible after being given unique identification numbers, without listing any personal or confidential data of the persons reporting.”
Meanwhile, India’s COVID-19 case positivity rate went past 1 per cent again after over two months as the country witnessed a single-day rise of 3,157 infections and 26 fatalities, according to the Union Health Ministry data updated on Monday.
4,30,82,345 Total no. of Coronavirus cases in india so far
5,23,869 Total no. of deaths due to the virus in India so far
19,500 total no. of active cases in India
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