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New Delhi: The Supreme Court on Monday said it will examine if orders by states mandating COVID-19 vaccination are not proportional to individual liberty.
The Center told the top court that being a constitutional court, it should take into account the efforts of vested interest groups, which may result in vaccine hesitation, which the nation has overcome with great difficulty.
A bench of Justices LN Rao and BR Gavi told the petitioner that the states as a party have been issued such orders, and while challenging those orders clarified that if their orders are challenged, they should also should be heard.
“If the orders by the state making vaccination mandatory are not proportional to individual liberty, then we will consider it,” the bench said. We cannot give any direction in general.
During the hearing, advocate Prashant Bhushan, appearing for the petitioner Jacob Puliyel, said that now the issue has become more serious as states like Tamil Nadu and Maharashtra have issued orders that people who have not been vaccinated should go out of their homes. Can’t get out
He said that the Delhi government has issued an order that no government employee, who has not been fully vaccinated, will not be allowed to work and will be treated as if he is on leave with pay. .
Bhushan said that the Center has filed its affidavit in the matter but it was served late.
The bench said it has not read it as it is yet to be received.
Solicitor General Tushar Mehta, appearing for the Centre, apologized for the delay and said the affidavit was finalized late last night.
When Bhushan referred to the orders passed by Tamil Nadu, Maharashtra and Delhi, the bench said that the petitioner needs to challenge these individual orders and make the states parties to the petition saying that only then he can examine them.
Bhushan said that every day new orders are passed by the state governments and they have to add those states as parties.
He said that the Center has stated in its affidavit that at this stage the government has not made COVID vaccines mandatory and it is being administered voluntarily.
Mehta said, this court is a constitutional court and it should consider the efforts made by vested interest groups, which may result in vaccine hesitation, which the nation has come to the fore with great difficulty. Crores of people have been vaccinated not only in India but across the world.
He said that the apex court expressing its views orally would have a serious adverse impact on the vaccination programme.
The bench observed that while issuing the notice in the matter, this court had clarified that it would not encourage vaccine hesitation in the country, but agreed to examine the petition as the concerns raised by the petitioner also appeared to be genuine.
Bharat Biotech is represented by Advocate Vipin Nair.
The top court had on August 9 asked the Centre, Bharat Biotech, Serum Institute of India (SII) and others to respond to a plea seeking directions for disclosure of data on clinical trials of COVID-19 vaccines. case
We are fighting vaccine hesitation in this country. WHO says one of the biggest problems in the world is vaccine hesitancy. If we start investigating it, will it not be creating doubts in the minds of the people, it was observed.
Bhushan had then said that the petitioner is not an anti-vaccine petition, but there is a need for transparency on the issue as the disclosure of the data will remove all doubts and hesitations.
He, making it clear that the petitioner was not seeking to stop the ongoing vaccination, said that the issue of forcible issuance of vaccine mandate has been raised in the petition, such as on travel if one has not been vaccinated. impose some restrictions.
The Center in its affidavit said that this petition has been allegedly filed as a PIL and if it is considered, it will cause harm to the public interest.
This said, any misconceptions and false suspicions and motivated propaganda against vaccination may result in a potential risk of setting up a re-vaccine hesitation, which would not be in the public interest. Once it is placed before this Court that – there is a statutory arrangement and the rule is followed – this Court cannot exercise further as it would enable the petitioner and some others like him to create serious doubts And there is a false suspicion against vaccination in the process of this petition itself.
The government said that the year 2020 and 2021 saw one of the most serious tragedies not only in India but the entire human race, which almost threatened the existence of mankind.
It has posed unprecedented challenges to mankind. Each country started its own efforts to deal with this pandemic called COVID-19. All humanitarian efforts across the world were concentrated in the effort to combat and prevent this pandemic, it said.
The Center further said that the petitioner is fully aware of the facts but has decided to present a false picture before this court which is best known to him.
In the process, however, he has given a false alarm and a warning against the nation’s efforts to confront an unprecedented tragedy before mankind. Such an effort should be viewed very seriously at a time when the Central Government, all State Governments and Union Territories are making every effort to vaccinate each individual individually and collectively.
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