Vaccines Can't Be Mandated Without Evidence That Unvaccinated Persons Pose Health Risk : Prashant Bhushan Argues In Supreme Court

On Wednesday, the Supreme Court began the final hearing in the plea, inter alia, questioning the constitutionality of the vaccine mandates imposed by States, particularly, Delhi, Madhya Pradesh, Maharashtra and Tamil Nadu. On a previous occasion, Advocate, Mr. Prashant Bhushan appearing for the Petitioner, Dr. Jacob Puliyel, a former member of the National Technical Advisory Group of Immunization had submitted that the mandates imposed are such that they impinge upon the fundamental rightof the citizens. A Bench comprising Justices L. Nageswara Rao and B.R. Gavai had agreed to hear the plea on merit to determine if the vaccine mandates were proportionate to personal liberty. On Wednesday hearing Mr. Bhushan at length, Justice Gavai stated that without going into the correctness of the expert reports the limited issue would be to determine that the policy decision taken by the concerned Governments to impose mandates is based on any relevant data. "The limited enquiry that would be permissible is as to whether the policy decision taken by the concerned Govt. is based on relevant data or not. All these expert reports, should we go into the correctness of this. There would also be reports per contra." It is pertinent to note that apart from challenging vaccine mandates, the petitioner had also sought the indulgence of the Apex Court to issue directions to the concerned authorities to publicize the data relating to clinical trials and post vaccine efficacy of the COVID vaccines, as is required by International medical norms, and to stop the coercive mandate issued by various governments for vaccination. He had also beseeched the Court to revamp the Adverse Events Following Immunization (AEFI) reporting system, which, he claimed, at present lacks transparency. Another issue before the Bench was non-disclosure of clinical trial data for the vaccines that are being administered to children in India and a stay on the coercive COVID-19 vaccine mandates introduced in various states and by private establishments for children in the age group 15-18 years. At the outset Mr. Bhushan highlighted the gravity of the vaccine mandates, which have restricted movement, denied basic amenities and curbed the right to livelihood. "Vaccine mandates are saying you will not be able to ration or be allowed to travel etc. if you don't take vaccines, that you won't get access to essential services if you don't take vaccines." On the issue of disclosure of trial data, he submitted that though the petitioner recognises the COVID-19 situated warranted emergency use authorisation, that cannot mean that the clinical trial data and data on adverse effects of the vaccine cannot be made available. "The petitioner recognizes COVID was an emergency and recognizes emergency authorization, but it does not mean that clinical trial data must not be disclosed, or data on adverse effects are not published..poor adverse event reporting in India, children's vaccines are given against scientific caution." Mr. Bhushan expressed concern that without placing data on the public domain, the State Government and even private institutions by imposing vaccine mandates were coercing citizens to get vaccinated. "Disturbing orders are passed by some states and private institutions to force people to take vaccines, even without putting all information in the public domain, enabling a citizen to make an informed decision. Coercing citizens to get vaccines is unconstitutional." It was pointed out that though the affidavit of the Union Government clearly states that vaccines is voluntary, the State Governments have now directly/indirectly made it mandatory. "Though GOI says vaccines are voluntary, various states and private institutions have imposed vaccine mandates…Madhya Pradesh says you will not get ration unless you get vaccines With respect to the State of Maharashtra, Mr. Bhushan submitted their was restriction in movement - "Maharashtra - all persons connected with the organization or event, ticketed or non-ticketed, as well as all service providers and participants, like player, actors, guests shall be fully vaccinated, any shops establishments where a member of public has aright to come shall be manned by fully vaccinated person, all public transport only by fully vaccinated…You can't travel in public transport, you can't go to any shop, you can't go to Maharashtra, you can't go to any event unless fully vaccinated." He contended that a larger share of the population was already infected, therefore they have developed antibodies, which would provide better immunity than the vaccine. "Vaccine is something created to mimic the system...if you have the infection already, then your body already develops antibodies..that's elementary…Serological surveys are showing that more than 75% people have got antibodies to COVID. This shows that they had the injection sometime...

Vaccines Can't Be Mandated Without Evidence That Unvaccinated Persons Pose Health Risk : Prashant Bhushan Argues In Supreme Court

Sohini Chowdhury

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