Vaccines Not Effective, Mandatory Vaccination Unconstitutional, Against Individual's Rights And Self Determination: Petitioner Files Additional Affidavit Before Supreme Court

While challenging the validity of mandates imposed on vaccination in India, an affidavit has been filed before the Supreme Court arguing that administering vaccines through coercion cannot be a matter of public health since the vaccines are not an effective guarantee against infection and transmission.The petitioner has argued that as vaccination does not prevent transmission of the disease, therefore discriminating against unvaccinated persons by denying them access to services or the means to earn their livelihood is arbitrary, discriminatory and unconstitutional.The submissions have been made through an additional affidavit filed by Dr Jacob Puliyel, a former member of the National Technical Advisory Group of Immunisation, in his petition filed seeking directions for public disclosure of clinical trial data of COVID vaccines, and to stop the coercive mandate issued by various governments for vaccination.The affidavit has been filed through Advocate Prashant Bhushan.To support its arguments, the petitioner has cited examples of outbreaks of the virus amongst fully vaccinated populations including Iceland and Israel where a high percentage of the population have been fully vaccinated, yet an increase of cases is being experienced.Through the additional affidavit the petitioner has sought to bring on record the following aspects for the Court's consideration:Scientific evidence that natural immunity being long-lasting and robust as compared to vaccine immunity Vaccines do not prevent infection or transmission for Covid-19 and are not effective in preventing against infection from the new variants,Clinical trials in relation to the vaccines have not been completed and vaccines are only authorised for emergency useSerious adverse events are being reported in India and globally from the Covid 19 vaccinations.Based on the above-mentioned aspects, the petitioner has argued that any mandates for these vaccines are against scientific caution, cannot be issued in the public interest and are also against an individual's right to free and complete informed consent and the right to self-determination.Balance Between Individual & Societal Aspect:The petitioner has argued that for any vaccine to be mandated, the public health rationale underlying such a policy must be based essentially on efficacy and safety of vaccination and transmission of the disease. However, according to various scientific studies, there is evidence that vaccinated people not just transmit the virus as much as unvaccinated but also breakthrough infections and hospitalisations are now rampant across various countries in vaccinated populations.Mandating Vaccination By States Arbitrary & Infringes Fundamental Rights:According to the petitioner, the vaccination is not preventing serious disease nor its transmission and no public interest purpose is served by mandating the vaccine. Therefore, the mandates on vaccination by States are arbitrary, discriminatory and an unconstitutional infringement of a citizen's fundamental rightsCompulsory Vaccination By Authorities By Way Of Coercion 'Unconstitutional'The petitioner has submitted that the mandates that are being issued by various authorities across the country, both public and private institutions, making vaccination compulsory by way of coercion, are unconstitutional and repugnant to an individual's right to self-determination."Coercion to take the vaccine is also illegal and contrary to what the government has responded to in numerous right to information applications, stating that the vaccination programme is voluntary." the petitioner has said.According to the petitioner, there are studies available that show that:Those who are Covid recovered (more than 2/3 of India population) have more robust and durable immunity than the vaccinated.Vaccination does not significantly reduce susceptibility to re-infection or ability to transmit the virus.Healthy children are almost at no risk of serious disease from Covid-19Administering experimental vaccines to children, about which no medium or long term side effects are known is unethical and irresponsible.High Court orders on discrimination against unvaccinated people: The petitioner has pointed out that various High courts have also held that a notification making vaccination mandatory cannot put a fetter on the fundamental right to life of an individual by denying them the right to livelihood or access to any essential services, etc.Further, High Courts have also held that 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 professionThe petitioner has also cited the following articles to support his stand:Article in the National Geographic Science : According to the petitioner, the article states that a study has shown that in the case of a...

Vaccines Not Effective, Mandatory Vaccination Unconstitutional, Against Individual's Rights And Self Determination: Petitioner Files Additional Affidavit Before Supreme Court

Srishti Ojha

According to the petitioner, the mandates on vaccination by states are arbitrary, discriminatory and an infringement of a citizen's fundamental rights.

Tags