No Individual Can Be Forced To Be Vaccinated" - Supreme Court.
The Supreme Court of India hearing, held Monday, with the declaration that no individual can be forced to be vaccinated was observed under the preservation of bodily integrity as in Article 21 of the constitution. The government's vaccination policy to protect community welfare and the right of individuals against forced vaccination on COVID-19 was scrutinized, noting several vaccine mandates issued by State Government or Union Territories on the unvaccinated, which proved askew from scientific research.
These scientific opinions stated that the risk of transmission of COVID-19 from an unvaccinated person is almost relatively same as from a vaccinated person.The court acknowledged that individuals have right to choose to refuse medical treatment, even though the government was indeed entitled to regulate issues when extended to communitarian health.
During the hearing, Justice Rao quoted, "Personal autonomy of an individual, which is a recognized facet of protection guaranteed under Article 21 encompasses the right to refuse to undergo any medical treatment in the sphere of individual health.” The Court stated that, "with respect to bodily integrity and personal autonomy of an individual in the light of vaccines and other public health measures introduced to deal with the COVID-19 pandemic, we are of the opinion that bodily integrity is protected under Article 21 (right to life) of the Constitution and no individual can be forced to be vaccinated."
It was concluded that as long as the infection rate remained low or until any new development ensues, the restrictions on the unvaccinated should be reviewed. The hearing was as a result of the confrontation of Dr. Jacob Puliyel, a former member of the National Technical Advisory Group on Immunization who challenged the vaccine mandates.
First Updated May, 2nd 2022.
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