HC stays order to prioritise vaccinated persons
Source: The Sangai Express
Imphal, July 14 2021:
The High Court of Manipur has stayed paragraph no 2 of the notification issued by Special Secretary (Home) on June 30 to give priority to Covid vaccinated persons while opening up institutions, factories, shops, private offices etc.
The Court yesterday ordered the stay acting on a Public Interest Litigation (PIL No.34 of 2021) filed by Osbert Khaling (Petitioner and Advocate) against the State Government and two others stating that prioritising vaccinated people was discriminatory and a clear violation of Article 14, 19 and 21 of the Constitution of India and as there is no clarity regarding effectiveness of the vaccine against the new mutant denial of entitlement and rights based on mandatory vaccination should be illegal.
The counsel of the State argued that the said impugned notification was an appeal to the public and not mandatory.
The counsel of the petitioner submitted that the notification in its language itself was coercive in nature thereby making it mandatory, even NREGA job card holders are being deprived of their work due to being unvaccinated.
The pandemic and lockdown has largely hindered economic and financial conditions of the street vendors, hawkers, labourers and many others who depend on daily wages.
Therefore such notification clearly deprives the unvaccinated marginalized sections and further violates Article 21 of the Constitution which gives right to live and livelihood, the counsel of the petitioner submitted.
The counsel (petitioner's) further submitted that though vaccination is the need of the hour and the Government is prudent on safety of health yet such directions or conditions for resuming one's business or profession clearly lacks legitimacy as it violates Article 19(1)(9) of the Constitution.
Lastly the petitioner's counsel stated that such mandating/prioritizing of vaccination policy will further bring gap and inequalities in society and disproportionately affect the poor and marginalised section of people which might also lead to hatred and enmity.
The Court observed that the State cannot be coercive in nature and it is the duty of the State to spread awareness of the vaccination and thereafter the vaccination should be on a voluntary basis.
Observing that the recent death of a woman after taking the vaccination has caused fear in the minds of people as the actual cause of the death went unreported, the Court has also ordered the State to file their reply within two weeks.
The PIL was filed with the active initiative of Human Rights Law Network (Manipur), said a statement.