"No one can be forced to take covid-19 vaccination": Supreme Court

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• May 2, 2022 | Dhupali Das

Moreover, the apex court also ordered the central government to publish a report on the vaccine's side effects.

Digital Desk: Today, in a landmark decision on India's Covid vaccine policy, the Supreme Court ruled that no one can be forced to take the vaccine. Moreover, the apex court also ordered the central government to publish a report on the vaccine's side effects.

The Supreme Court stated, "Body integrity is protected by law, and no one can be forced to get vaccinated." However, the court stated that "In the interest of public health, some restrictions on individual rights could be enforced."

"Baring Covid-appropriate behaviour. If cases are few, we propose no restrictions on unvaccinated individuals' access to public places, services, and resources,"  The Supreme Court ruled. 

The court stated that restrictions imposed on individuals through vaccine regulations could not be termed proportionate, a nod to many jurisdictions requiring people to get the Covid shot to enter public places. "We recommend that persons' access to public places, services, and resources be allowed until low infection levels. Recall it, If you've previously done so," the Supreme Court ordered. 

Notably, the orders of Supreme Court Justices LN Rao and BR Gavai did not extend to Covid-appropriate behaviour but rather to vaccinations in the "rapidly shifting scenario."

The Supreme Court also ordered the Centre to post reports of vaccine-related side - effects from people and physicians on a publically available basis without jeopardizing the privacy of those who report them.

"In terms of segregation of vaccine trial data, subject to the privacy of individuals, all trials already conducted and to be subsequently conducted; all data must be made available to the public without further delay, the courts ruled.

"In the case of children's vaccines, we cannot second-guess the opinions of specialists, and the vaccination follows global norms and practises. However, data on adverse reactions should be made public as soon as possible," it said. 

A petition filed by Jacob Puliyel, a former member of the National Technical Advisory Group on Immunization (NTAGI), claimed that states demanding vaccination for access to benefits or services are illegal since it violates citizens' rights. According to the petition, many jurisdictions have made immunizations mandatory for state government employees, public transportation, and to access subsidized food grains.

The petition demanded that clinical trial data for Covid vaccines be made public, claiming that vaccines were being administered without being thoroughly studied for safety or efficacy and that they were licenced under emergency use authorization without trial data being made public.

The Centre contended in court that the plea was "against national interest" and would lead to vaccine resistance. It also stated that vaccination is optional, but states have imposed mandates based on possible dangers.

Vaccine manufacturers such as Adar Poonwalla's Serum Institute of India and Bharat Biotech informed the court that all trial data was already available. Tamil Nadu, Maharashtra, and Madhya Pradesh defended their vaccination laws, claiming that they are necessary for everyone's protection, particularly those who use public spaces and transportation.