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India's Supreme Court overturns mandatory Covid-19 vaccination

Apr 3, 2024

No restrictions for unvaccinated people, no one can be forced to be vaccinated, the Supreme Court of the world's largest democracy has ruled. The Supreme Court emphasized that bodily autonomy and integrity are protected by Article 21 of the Constitution

India's Supreme Court overturns mandatory Covid-19 vaccination
India's Supreme Court on Monday said that no one can be forced to get vaccinated against COVID-19 and ordered the central government to publicize the adverse effects of vaccination, Indian media reported.

In a landmark judgment on the country's Covid-19 policy, India's Supreme Court on Monday ruled that no one can be forced to get vaccinated and that the Constitution gives everyone the right to refuse vaccination.

A bench of Justices L Nageswara Rao and BR Gavai was hearing a petition against mandatory vaccination introduced by some states that prevented unvaccinated people from entering certain public places.

"In view of bodily autonomy, bodily integrity is protected under Article 21. No one can be forced to get vaccinated. But the government can regulate in areas of bodily autonomy," the court said.

Article 21 of the Indian Constitution provides protection of life and personal liberty to citizens.

The court was hearing a petition by Dr. Jacob Puliyel, former member of the National Technical Advisory Group - the highest advisory body on vaccinations in the country.

Dr Puliyel opposed many state governments' vaccination requirements for employees travelling on public transport and accessing subsidised food.

He had also said that the vaccines had not been adequately tested and called for the publication of data from clinical trials and side effects of mass vaccination campaigns against Covid-19.

The Supreme Court ordered Prime Minister Narendra Modi's government to publish reports of adverse reactions to vaccines in a publicly accessible system.

The court also suggested that all authorities, including educational institutions and private institutions, review restrictions on unvaccinated individuals.

"As far as data on vaccine trials are concerned, all trials already conducted and those yet to be conducted shall be made available to the public without further delay, respecting the privacy of the individual," the court said.

The Modi government had argued that the petition was against national interest and would lead to delays in vaccines.
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