'No Person Can Be Forcibly Vaccinated Without Consent; Hasn't Made Carrying Vaccine Certificate Mandatory For Any Purpose' : Centre Tells Supreme Court

The Central Government has made it clear before the Supreme Court that there is no COVID-19 vaccination mandate and that vaccination is not mandatory.Responding to a plea seeking ease of access to vaccination to persons with disabilities, the Central Government has submitted before the Supreme Court of India that its guidelines do not envisage any forcible vaccination without obtaining consent of the concerned individual. While emphasising that Covid-19 vaccination is in larger public interest and it has been duly advised, advertised and communicated through various print and social media platforms that all citizens should get vaccinated, the Government has stated that no person can be forced to be vaccinated against their wishes.The relevant extracts from the affidavit filed by the Union Ministry of Health and Family Welfare are :"It is humbly submitted that the direction and guidelines released by Government of India and Ministry of Health and Family Welfare, do not envisage any forcible vaccination without obtaining consent of the concerned individual. It is further humbly submitted that vaccination for COVID-19 is of larger public interest in view of the ongoing pandemic situation. It is duly advised, advertised and communicated through various print and social media platforms that all citizens should get vaccinated and systems and processes have been designed to facilitate the same. However, no person can be forced to be vaccinated against their wishes.It is most respectfully submitted that the Government of India has not issued any SOPs which make carrying of vaccination certificate mandatory for any purpose.Counselling before vaccination: It is humbly submitted that Government of India has formulated Operational Guidelines for COVID-19 vaccination. As per these Guidelines, all beneficiaries are to be informed about adverse events which may occur after COVID-19 vaccine."The Union of India has made the submissions through an affidavit filed pursuant to Supreme Court's directions on December 3, 2021, whereby it had granted liberty to the petitioners to formulate concrete suggestions to strengthen the existing framework for protecting the disabled citizens in ensuring proper access to Covid 19 vaccination and had asked the Union Government to consider the same.Why LiveLaw Premium Subscription Is A Must For Your Legal Research And PracticeThe Union of India has informed the Court that a total of 23678 doses have been administered to disabled persons who have voluntarily chosen to be identified as such by using their Unique Disability ID Card/Disability Certificate for registration at the time of their vaccination. Responding to the petitioner's submissions regarding providing exemption from producing vaccination certificates for persons with disabilities, the Government has stated that it has not issued any SOPs which make carrying of vaccination certificates mandatory for any purpose In response to suggestions regarding Care providers being treated as essential workers, the Centre has submitted that the Government of India in its letter dated 22.09.2021 has advised all States and UTs to vaccinate bedridden or beneficiaries with extremely restricted mobility or disability and/or special needs along with their care givers at their place of residence using mobile vaccination teams.In response to the suggestion regarding Co-WIN app and portal being made fully accessible, the Government of India has submitted that it is already implementing features in Co-WIN portal to make it more accessible to persons with disabilities. It has been submitted that the Government of India has formulated Operational Guidelines for COVID-19 vaccination, according to which all beneficiaries are to be informed about adverse events which may occur after COVID-19 vaccine.With regard to suggestions regarding Exemption from masks/face-cover, the Government of India has stated that the practice of using masks/face cover is in line with the recommendation of the W.H.O (World Health Organisation) and other prominent public health agencies globally. Therefore, in the larger public interest, it is advisable that the use of masks or face covers be universally followed.The Union of India has submitted the Adverse Event Following Immunisation (AEFIs) are monitored through a well-structured and robust AEFI surveillance system which has stood the test of time. As per the AEFI surveillance guidelines for COVID-19 vaccine, any suspected adverse events, following COVID-19 vaccine may be reported by the vaccine recipient or his/her caregiver on COWIN portalThe Government has also informed the Court that a grievance redressal mechanism already exists where all grievances, including those received from persons with disabilities, are redressed in a timely manner. In addition, nodal officers in each State have been advised to look into grievance redressal for persons with disabilities in particular.Responding to suggestions regarding disability...

'No Person Can Be Forcibly Vaccinated Without Consent; Hasn't Made Carrying Vaccine Certificate Mandatory For Any Purpose' : Centre Tells Supreme Court

Srishti Ojha

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