No individual can be forced to get vaccinated, rules Supreme Court

A bench comprising  Justices L. Nageswara Rao and B.R. Gavai,  cited the fundamental right and said that "bodily integrity is a part of the fundamental right to life under Article 21". The top court further said that since the government has not put up the data suggesting a rise in spread of virus more because of the unvaccinated people hence the unvaccinated should not be banned to have access to any public place.

The Supreme Court on Monday ruled that no individual can be forced to get vaccinated but added that the current covid19 policy of the government is not authoritarian. A bench comprising  Justices L. Nageswara Rao and B.R. Gavai,  cited the fundamental right and said that "bodily integrity is a part of the fundamental right to life under Article 21". The top court further said that since the government has not put up the data suggesting a rise in spread of virus more because of the unvaccinated people hence the unvaccinated should not be banned to have access to any public place. The Court has also directed government and private  authorities and educational institutions to review all vaccine mandates if not already recalled.
 

Key Points |


1. "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 top court said.

2. However, the court's suggestion is limited to the petition filed, it will not stop or prevent the government from taking any step in future to control the spread of the pandemic.

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3. Concerned with the petitioner's interest  over the efficacy of the vaccines, the Supreme Court suggested the central government make public all clinical trials, key findings and results of vaccines.

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4. The top court also advised the government to provide information of all suspected adverse effects of the virus on a virtual platform for easy access.

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5. To seek the data of clinical trials and adverse effects of covid vaccines and also to challenge the vaccine mandates issued by some state governments, Jacob Puliyel, a former member of the National Technical Advisory Group on Immunisation had filed a petition in the court. Advocate Prashant Bhushan fought the case for Jacob.

 

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