Covid vaccination by force violates Fundamental Rights: Meghalaya High Court

June 25: The Meghalaya High Court on Wednesday, 23 June, held that vaccinations administered by using coercive methods vitiates the fundamental purpose of welfare that is attached to it, according to Bar & Bench. The court made the observations in a suo moto public interest litigation filed after it took note that the state had mandated shopkeepers, vendors and taxi drivers to get themselves vaccinated against Covid-19 before resuming their business.

“Article 21 encompasses within its fold, right to health, as a fundamental right. By that same analogy, right to healthcare, which includes vaccination, is a fundamental right. However, vaccination by force or being made mandatory by adopting coercive methods, vitiates the very fundamental purpose of the welfare attached to it…,” stated the Meghalaya High Court in its judgement.

“Whether to subject oneself to an intrusion of his/her body, even if of minor intensity, e.g., through a needle, concerns issues of personal and bodily autonomy and bodily integrity, similar to abortion rights or non-sterilization rights or even sex reassignment surgeries, irrespective of what consequences the individual might be inviting,” the High Court noted.

The high court further observed that it was the responsibility of the state to disseminate and sensitise the citizens of the entire exercise of vaccination with its pros and cons. Meanwhile, the bench of Chief Justice Biswanath Somadder and Justice HS Thangkhiew, also noted that vaccination was the need of the hour and a necessary measure to curb the spread of the Covid-19 pandemic. “At the outset, it must be stated clearly and unequivocally that vaccination is need of the hour – nay, an absolute necessity – in order to overcome this global pandemic which is engulfing our world.” said the High Court.  The Gujarat High Court Wednesday granted temporary relief to a corporal with the Indian Air Force (IAF) posted in Jamnagar who was served a show-cause notice by the IAF for not getting vaccinated for Covid-19, stated a report in the Indian Express.