EXTRACTS FROM THE JUDGEMENT OF THE INDIA SUPREME
COURT CANCELLING MASKS AND VACCINE MANDATES FOR COVID-19. DELIVERED MAY 2, 2022. FULL DOCUMENT AT
https://indianbarassociation.in/wp-content/uploads/2022/05/judgement.pdf
Petition in public interest seeking the following
reliefs:
(d) Direct
the respondents to disclose the post vaccination data regarding adverse events,
vaccinees who got infected with Covid, those who needed hospitalization and
those who died after such infection post vaccination and direct the respondents
to widely publicize the data collection of such adverse event through the
advertisement of toll free telephone numbers where such complaints can be
registered; and
(e) Declare that vaccine mandates, in any manner
whatsoever, even by way of making it a precondition for accessing any benefits
or services, is a violation of rights of citizens and unconstitutional; and
(f) Pass any other orders as this Hon'ble Court
deems fit.”
4. The Petitioner filed an Interlocutory Application
seeking a direction to restrain all authorities and institutions, public and
private, from mandating the vaccine in any manner whatsoever, on a precondition
of accessing any service or on pain of any penalty. The Petitioner has drawn
the attention of this Court to various restrictions that were placed by State
Governments, other employers and educational institutions on unvaccinated
individuals. The Petitioner contended that mandating vaccination for access to
resources, public places and means of earning livelihood would be in violation
of their fundamental rights, especially so, when scientific studies have shown
that unvaccinated persons do not pose more danger of transmission of the virus
when compared to vaccinated persons.
(v) However, 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 OR
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. It is clarified that
in the context of the rapidly-evolving situation presented by the COVID-19
pandemic, our suggestion to review the vaccine mandates imposed by States /
Union Territories, is limited to the present situation alone and is not to be
construed as interfering with the lawful exercise of power by the executive to
take suitable measures for prevention of infection and transmission of the
virus. Our suggestion also does not extend to any other directions requiring
maintenance of COVID-appropriate behaviour issued by the Union or the State
Governments (Page 111, EMPHASIS ADDED)
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