Manipur High Court rules out state govt order of mandatory vaccination for relaxing economic activities

IMPHAL:

Ruling that mandatory vaccination is not a measure to allow the opening of institutions, organisations, factories, shops, markets, private offices etc, the Manipur High Court has stated that denying livelihood by linking employment of people to their getting vaccinated is an illegal act of the state.

Such action by the government would trample upon the freedom of the individual to get vaccinated or choose not to do so, the Manipur High Court said while ruling out the order of the state government.

A Bench of Chief Justice Sanjay Kumar and Justice Kh. Nobin Singh ruled the decision of the government stating, "Restraining people who are yet to get vaccinated from opening institutions, organizations, factories, shops, etc., or denying them their livelihood by linking their employment, be it NREGA job cardholders or workers in government or private projects, to their getting vaccinated would be  illegal on the part of the state."

The court was hearing a PIL petition challenging the notification dated June 30, 2021, issued by the Home Department, Government of Manipur.

The notification stated that the state government would relax curfew/containment zone orders in the future in a calibrated manner by assessing the COVID infection scenario.

The order mentioned that the government would prioritise allowing the opening of offices, markets, commercial establishments and institutions etc, where employees and workers were COVID vaccinated.

Terming the decision to be an outright denial of means of livelihood to many, the court observed that the notification was an attempt to make vaccination mandatory as it only favoured those who are vaccinated.

The court further maintained that though the order by the Manipur Government was in accordance with the policy of the central government, which promoted vaccination to contain the COVID pandemic, and ensure a degree of immunity against the virus, the ground reality is quite different.

The court said that vaccination is required to prevent dire consequences emerging out of the COVID infection, however, there is an abounding ignorance amongst the people as to the side effects of the vaccination and in consequence, apprehensions of the risks that may ensue upon being vaccinated.

The court, therefore, observed that it is for the state government to dispel such fears by educating people about the advantages of getting vaccinated and erase the apprehensions among the public.

"Without addressing this issue, the state cannot seek to impose conditions upon the citizens so as to compel them to get vaccinated, be it by holding out a threat or by putting them at a disadvantage for failing to get vaccinated," the court said.

(Edited by Shankar Kumar Turha)

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