Restricted access

With France making a health pass mandatory for citizens who want to access public spaces and services, experts weigh in on the implications of making the jab compulsory. Does the libertarian argument hold?

Nisha Koiri, member of International Naturopathy Organisation, has been one of the vociferous voices against COVID-19 vaccination, putting faith instead in alternative medicine. When her 19-year-old son received a circular from his college asking all students to take the jab, she wasn’t going to  lay low. “All vaccinations are voluntary, because the COVID-19 vaccine is an emergency-use vaccine. The trials are not yet over. How can you make it compulsory?” is her argument. 

Koiri submitted a letter, supported by the Awaken India Movement, to the college authorities. “They agreed on a couple of points, including the fact that it cannot be mandated. For now, they have backed off,” she tells us. With the help of the Indian Bar Association, Koiri has been issuing notices to corporate entities that have mandated vaccines. “Whoever wants it [the legal notice], can take it and file it as a PIL. We have already filed two PILs in the Supreme Court and are awaiting the dates.”

A protester at Kotwal Gardens, Dadar, on the day of the World Wide Demonstration last month, where over 45 countries and 120 cities came together to take a united stand for freedom, and against mandatory vaccination and lockdowns. The Awaken India Movement called for demonstrations in multiple cities across India. Pic/Ashish Raje

Last month, France passed a new legislation that will make a “health pass” compulsory to visit a cafe, board a plane or travel on an inter-city train, August onwards. To get the pass, people must have proof that they are fully vaccinated, have recently tested negative or recently recovered from the virus. The legislation also makes vaccination compulsory for health workers and carers. The move sparked protests across the country, prompting over 1,60,000 to turn up at rallies in the last week of July, with demonstrators shouting “freedom!”. 

Closer home, the Maharashtra government has announced that people fully vaccinated against COVID-19 and those who are in possession of a final vaccination certificate showing at least 15 days since taking the second dose, are now permitted to enter the state without an RT-PCR test. Additional municipal commissioner Suresh Kakani says that while no BMC employee is technically “mandated” to take the vaccine, those working on the ground and are required to travel domestically, have taken their shots. “Ideally, we’d want to scale up our drive. Currently, we are vaccinating around 40,000 people per day and even going up 80,000 some days. The target is a lakh, but we are constrained given the shortage of vaccines.” 

Nisha Koiri, member of International Naturopathy Organisation, wrote to her son’s college after they demanded that all students should get the jab. Koiri submitted a letter, supported by the Awaken India Movement, to the authorities. Pic/Sameer Markande

Incidentally, Vistara was the first airline in India to operate a flight with a fully vaccinated crew. In June, their special flight, UK 963, flew between Delhi and Mumbai and was operated by pilots and other staffers who had received both doses of the COVID-19 vaccine. While the airline is tight-lipped about introducing the right to admission only for vaccinated passengers, a spokesperson said, “Vaccination is the best known defence against the pandemic, that is helping the world in getting back to normalcy. We have taken several initiatives to facilitate vaccination for our staff and managed to get 100 per cent of our eligible staff vaccinated with the first dose.” The airline is currently working on a framework to incentivise vaccinated employees. 

According to Koiri, even if an individual is in favour of taking the shot, informed consent at the vaccination site is necessary. “There has been no informed consent at centres. When a person goes for the jab, someone is supposed to sit them down and explain the implications, which is not done. No liability either by the [vaccine] manufacturer or the government. The latter says no compensation will be given for any adverse effects because it’s voluntary. Where is the accountability?”

Thane resident Kapil Shingada, who works for a software company, says he would be more comfortable meeting a date knowing that she has taken the jab. Anti-vaxxers are a no, he says

Mumbai-based activist Feroze Mithiborwala led a protest at Dadar’s Kotwal Garden on July 24. According to him, although there has been no discussion about a health pass in India, companies, housing societies and other entities are creating situations where people are being compelled to take the jab. “The court has said you cannot make vaccination compulsory and so has the government, so why aren’t they taking action against institutions that are making people take the jab under duress? The greater good argument doesn’t really hold because it’s in violation of fundamental rights. This, in no way, means I’m a COVID-19 denier.”

Since April, Mithiborwala has been vociferously stating that COVID-19 is a lab-created bio-weapon. 

Betterhalf.ai, India’s first A1 matchmaking app, offers users the option to book a vaccination slot for their date to show that they care

Protests against vaccination aren’t a new phenomenon. In 1885, tens of thousands of people in the UK took to the streets to oppose compulsory smallpox vaccination. The Leicester demonstration led to a long battle between the authorities and anti-vaccination leagues.

“We are seeing a repeat of history,” says Dr Rajesh Parikh, author of the Vaccine Book and Director, Medical Research at Jaslok Hospital. Proponents of mandatory vaccination argue that despite what is arguably an infringement of individual freedom, the ethical justification for intervention outweighs personal liberty. “Like a wise man once said, the right to swing my fist ends where the other man’s nose begins. Being unvaccinated is more dangerous than carrying a gun. In the latter, there’s a good chance that you may never use it. But in being unvaccinated, you are transferring the virus. All that the health pass is asking you to do is, if you are not vaccinated, don’t go into a mall or movie theatre. It’s okay if you don’t want to be vaccinated, but then you can’t mingle with others and make them fall ill. The state is within its right to make it mandatory in case you want to be in a public space,” says Parikh.

At The Habitat in Khar, which hosts live performances, guests are required to be fully vaccinated if they wish to gain access to the venue

Recently, the popular sketch comedy show, The Kapil Sharma Show, aired the promo of its upcoming season. The show returns after it went off air on January 31, 2021. In it, Sharma is seen urging fans to get fully vaccinated in order to bag a seat as audience members. Ever since the Coronavirus infections hit India, the show has been shot minus an in-studio audience. The move doesn’t come as a surprise. In April, the Indian Films & TV Producers Council asked producers to get crew members tested every 15 days after multiple cases of infection ended up halting shoots. The same month, in an official statement, a spokesperson for channel Colors, said, “Some crew members associated with our show Dance Deewane have tested positive for COVID-19... All the necessary safety procedures have been taken and the sets and adjoining areas have been thoroughly sanitised. We will continue to take all precautions as per the stipulated guidelines.”

Not just getting entertainment, in some cases, getting vaccinated is also making it easier to date.

Tracking the trend in favour of vaccination,  Mehak Sagar Shahani, co-founder of wedding app  WedMeGood, launched a new feature that allows users to filter vendors by their vaccination status and accordingly make bookings. Over 20 per cent of the brand’s active vendor base have sent in their vaccination certificates

Pawan Gupta, Co-Founder of Betterhalf.ai, India’s first A1 matchmaking app, says, users are swiping right on jabbed users. “We see a correlation of chats happening with the keyword ‘vaccinated or vaccination’. We are also taking a proactive approach to notify users to get vaccinations, which is usually a main talking point once they get connected with their matches. Based on the user’s needs, we think this adds a layer of safety as people have started to meet up.” The app also offers users the option to book a vaccination slot for their date to show that they care. 

Thane resident Kapil Shingada, who works for a software company, says he would be more comfortable meeting a date knowing that she has taken the jab. “I wouldn’t be open to dating an anti-vaxxer,” he says. “I was on Bumble and it offered a range of safety options, including requesting a socially-distanced date, one with the mask on or a meet-up with somebody who is fully inoculated. These have become legit criteria now [to pick a date].”

The Kapil Sharma Show, aired the promo of its upcoming season. In it, Sharma is seen urging fans to get fully vaccinated in order to bag a seat as audience members

At The Habitat in Khar, which hosts live performances, guests are required to be fully vaccinated if they wish entry at the venue. Founder Balraj Ghai says, “At the time of booking, we offer a registration form, where people are required to fill in the name and mobile number. We contact them on WhatsApp, requesting that they share their vaccine certificate.” Ghai’s crew, which includes his ticketing staff, housekeeping team, videographer and social media team have been vaccinated as early as June. Over the past two months, they have held a string of shows. “We had one that was titled, Got Jabbed, Get Laughs. It was a free standup show for everyone who has taken at least one shot.” Given the restricted hours, most shows have been free of cost as it’s difficult for people to make it before 4 pm on weekdays, shares Ghai. “We can’t do ticketed shows yet. Our capacity is 65, but we allow only 25 people.” Ghai says many artistes have been apprehensive about the policy of allowing only vaccinated guests at the shows as that would restrict the turnout. But, he’s clear that they’d rather suffer a lower attendance than end up with a superspreader event. “Right now, profit is not the goal, survival is. We cannot afford another lockdown, that would be devastating. So, I prefer taking our chances with this.”  

Tracking the trend in favour of vaccination, WedMeGood, a wedding planning application, launched a new feature by which users can filter vendors by their vaccination status and accordingly make bookings. Over 20 per cent of the brand’s active vendor base have sent in their vaccination certificates, says co-founder Mehak Sagar Shahani. “The recent ease in restrictions means that couples are planning their nuptials with about 100 guests between July-December, with at least 10 per cent of them preferring smaller, intimate affairs. Plus, given the number of professionals involved in putting together an Indian wedding, finding those who are vaccinated is helpful. Our analysis revealed that nearly 75 per cent of our users prefer wedding vendors who comply with COVID-19 protocol in terms of wearing masks and shields, using sanitisers and undergoing regular temperature checks,” she says.

Vistara was the first airline in India to operate a flight with a fully vaccinated crew. The airline is currently working on a framework to incentivise vaccinated employees

Anurag Katriar, Managing Director of Degustibus Hospitality and President, National Restaurant Association of India (NRAI), says a concept along the lines of a health pass may be difficult to implement in India given the population. “What can easily be done is that you can allow entry to people who are fully vaccinated by checking their status on the Aarogya Setu app. The problem here is that people might say they have taken their first jab and are waiting for the 84 day-period to end to take the second shot, and you are denying me my right.” Which is why restaurants are doing what they think is the next best thing: conducting free vaccination for all restaurant staff across the country who are registered with the NRAI. “We have done about 20,000 vaccinations in Delhi, Ludhiana, Mumbai and Pune. We have earmarked a few crores for this so that no employee has to pay a penny. This is the only way to inspire confidence among guests.” In fact, the restaurant body is planning to create badges for staffers that say, ‘I am vaccinated’.   

A study by Public Health England (PHE) has revealed that visits to someone else’s home, and places that offer massages and haircuts are identified as the highest risk zones, while shops are the least risky. It’s the reason why the grooming industry is going all out to ensure safety standards. Pushkaraj Shenai, CEO, Lakmé Lever, says with the help of the Hindustan Unilever medical team, they have vaccinated their frontline salon teams as well as staff families across India. “This, along with the 55-plus safety initiatives we have implemented across all touchpoints in our salons, have resulted in 96.7 per cent of our customers voting Lakmé Salon safer than home.” These include employing measures like rigorous  screening of salon teams and customers via the Aarogya Setu app, strict social distancing, limited pre-booked appointments, daily deep cleaning and regular disinfecting of touch-points throughout the day.

According to Gurbaxish Singh Kohli, Vice President, The Federation of Hotel & Restaurant Associations of India, the idea of serving only vaccinated people is not feasible in the country. “We are largely a service industry and most sectors cannot work from home or operate online. In India, there needs to be coordination between the Centre and states for a uniform tourism [domestic and international] protocol policy to be in place, instead of knee jerk policies meted out by various states. In my opinion, vaccinating all frontline workers, including restaurant staff should be priority. Our neighbouring countries are already in turbo mode to attract tourists, including those from India; they have relaxed the protocols for potential  tourists while we are still reeling with random protocols which restrict travel even domestically. Waiting for the pandemic to get less effective and then starting to formulate a road map will make us miss the bus. The first move would be to start opening all sectors and ease restrictions that do not make sense.”

Colin Gonsalves, a senior Supreme Court advocate and founder of Human Rights Law Network (HRLN) has filed a petition in the Gujarat High Court against mandatory vaccinations and has managed to get a stay. “[Mandatory vaccinations] are unconstitutional for several reasons. First, it challenges the right to privacy. In the 2018 euthanasia judgment, the Supreme Court held that a person may accept or reject treatment and if that person dies, it’s that person’s choice. Nobody can be compelled to take medication. Now, the argument is that this is a different scenario—that people aren’t merely affecting themselves, but others too. The serious answer to this, one which India has not yet woken up to, is that there is evidence that vaccination itself is causing deaths and adverse effects. There’s a case in the Madras High Court about a person who slipped into a coma following vaccination,” he says. 

In February this year, the Madras High Court ordered notices to the Union Ministry of Health and Family Welfare, Drugs Controller General of India (DGCI) and Director General of Indian Council of Medical Research (ICMR) on a writ petition to declare the Covishield vaccine unsafe since it had reportedly led to adverse effects on the litigant, who had volunteered for clinical trials. The petitioner Asif Riaz, a business consultant, also sought R5 crore in compensation. In his affidavit, he stated that after undergoing a harrowing experience of losing consciousness due to neurological setbacks, he got discharged at his request on October 26. He also claimed that after three months, he still experiences trembling of the hands, anxiety and mood swings.

But, according to Dr Vispi Jokhi, Chief Executive Officer, Masina Hospital, the government has sweeping powers under the Epidemic Diseases Act, 1897, to make vaccinations mandatory. He points out the need for greater engagement between state and people. “As of now, the scientific community is nearly unanimous in recommending vaccination. In my opinion, in any democracy, a combination of consensus building and coercion is required to ensure willing compliance.”

"Exciting news! Mid-day is now on WhatsApp Channels Subscribe today by clicking the link and stay updated with the latest news!" Click here!