MEGHALAYA HC - FORCED OR MANDATORY VACCINATION BY COERCIVE METHODS VIOLATED FUNDAMENTAL RIGHTS

A Meghalaya High Court division bench comprising Chief Justice Biswanath Somadder and Justice HS Thangkhiew held that Article 21 includes the Right to healthcare which further includes vaccination. However, forcefully vaccination or mandatory vaccination by coercive methods violates fundamental purpose. Hence, forceful vaccination is to be declared Ultra Vires Ab initio.

The Bench was hearing a petition against the order of The State of Meghalaya, through various orders of the Deputy Commissioners, making it obligatory for vendors, shopkeepers, local taxi drivers, and others to get vaccinated before they can resume their businesses.

The issue before the bench was 'Whether vaccination can be made mandatory and whether such action can adversely affect the right of a citizen to earn his/her livelihood?'

The Court observed that vaccination is the need of the hour and an absolute necessity in order to overcome this global pandemic that is sinking our world. However, the welfare nature of the State is not for coercive negative reinforcement by seizing their right to livelihood, proscribing them to earn from their occupation without any justification in the garb of public interest, but lies in walking together with concerted efforts attempting to effectuate a social order as mandated under Article 38.

Therefore, the right to the welfare policy for vaccination can never affect a major fundamental right, i.e., right to life, personal liberty and livelihood, especially when there exists no reasonable nexus between vaccination and prohibition of the continuance of occupation and/or profession.

Author: Papiha Ghoshal