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Man Allegedly Goes Blind Due To COVID Vaccine: Allahabad HC Directs DM To Decide On Wife's Representation Seeking Compensation

Sparsh Upadhyay
30 Jun 2021 6:13 AM GMT
Man Allegedly Goes Blind Due To COVID Vaccine: Allahabad HC Directs DM To Decide On Wifes Representation Seeking Compensation
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The Allahabad High Court has directed District Magistrate, Budaun to decide on a woman's representation regarding blindness of her Husband due to vaccine of COVID-19.The Bench of Justice Mahesh Chandra Tripathi was hearing a writ petition preferred by a Wife who sought direction to respondents to pay compensation to her husband regarding his blindness due to vaccine of Covid-19 and for...

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The Allahabad High Court has directed District Magistrate, Budaun to decide on a woman's representation regarding blindness of her Husband due to vaccine of COVID-19.

The Bench of Justice Mahesh Chandra Tripathi was hearing a writ petition preferred by a Wife who sought direction to respondents to pay compensation to her husband regarding his blindness due to vaccine of Covid-19 and for a further direction to respondents to decide and consider the representation of the petitioners dated 19.4.2021.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition was disposed of with observation that:

"In case the petitioner makes fresh representation along with all relevant medical reports to the District Magistrate, Budaun ventilating his grievances within one week, the authority would decide the same in accordance with law expeditiously." 

The Madras High Court in February ordered Autopsy on the body of a 40-year-old conservancy worker with the participation of Autopsy Surgeon, Pathologist and Forensic Specialist, if not done already in the said manner.

The Bench of Justice M. M. Sundresh and Justice S. Ananthi was hearing the plea of one Ambika (a daily wage labourer), wife of the Deceased, who alleged that her husband got vaccination on January 21st 2021, however, his health started deteriorating and on January 30, when he was travelling to Madurai for a medical checkup, he threw up and collapsed at the Aruppukottai New Bus Stand.

The Meghalaya High Court has recently held that mandatory or forceful vaccination does not find any force in law and hence are to be declared as ultra vires ab initio.

To ensure that people have an "informed choice" with respect to vaccination, the Meghalaya High Court issued a slew of directions to the State Government in respect of vaccination of all shops, establishments, local taxis etc.

A division bench comprising of Chief Justice Biswanath Somadder and Justice HS Thangkhiew observed thus:

"Article 21 encompasses within its fold, right to health, as a fundamental right. By that same analogy, right to health care, 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. It impinges on the fundamental right(s) as such, especially when it affects the right to means of livelihood which makes it possible for a person to live."
Furthermore, it said:
"Right to and 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 continuance of occupation and/or profession. A harmonious and purposive construction of the provisions of law and principles of equity, good conscience and justice reveals that mandatory or forceful vaccination does not find any force in law leading to such acts being liable to be declared ultra vires ab initio."
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