Bombay High Court asks Center to formulate the policies on informed consent for vaccination.
September 18, 2021
Bombay High Court asks Center to formulate the policies on informed consent for vaccination. Can’t vaccinate people without their consent. Union of India tells Bombay High Court.
Mumbai: - In a PIL filed by T.J. Bhanu Vs. State PIL No. 11473 of 2021, the issue was regarding vaccination of a mentally ill person.
The Addl. Solicitor General of India Shri. Anil Singh on 13th September, 2021 made submissions that since Government can’t force anyone to take vaccine therefore nothing more remains in the petition.
Based on the submission by Addl. Solicitor General, Bombay High Court passed the order directing Central & State Government to formulate policies covering such persons who cannot make an informed decision regarding vaccination.
That as per law every person is having right to choose between medication. In a recent judgment regarding corona vaccination it is ruled by the High Court that if by force or by misleading or deception if any person is vaccinated then the victim will be entitled for compensation and the person responsible for such unlawful vaccination can also be liable for criminal prosecution. Means the Doctors, Collectors or any authority forcing for vaccination are accused. Recently a prisoner was vaccinated by police against his will. The victim filed a petition for the prosecution of concerned doctors and police officers.
“It has been brought to the notice of this High Court that the State of Meghalaya, through various orders of the Deputy Commissioners, has made it mandatory for shopkeepers, vendors, local taxi drivers and others to get themselves vaccinated before they can resume their businesses. Whether vaccination can at all be made mandatory and whether such mandatory action can adversely affect the right of a citizen to earn his/her livelihood, is an issue which requires consideration.
Thus, by use of force or through deception if an unwilling capable adult is made to have the „flu vaccine would be considered both a crime and tort or civil‟ wrong,
Thus, coercive element of vaccination has, since the early phases of the initiation of vaccination as a preventive measure against several diseases, have been time and again not only discouraged but also consistently ruled against by the Courts for over more than a century.
Till now, there has been no legal mandate whatsoever with regard to coercive or mandatory vaccination in general and the Covid19 vaccination drive in particular that can prohibit or take away the livelihood of a citizen on that ground.
In the “frequently asked questions” (FAQs) on COVID-19 vaccine prepared and uploaded by the Ministry of Health and Family Welfare, Government of India, in its official website, the question which appears under serial number 3 reads, “Is it mandatory to take the vaccine?” The “potential response”, which is provided in the official website reads, “Vaccination for COVID-19 is voluntary.
However, vaccination by force or being made mandatory by adopting coercive methods vitiates the very fundamental purpose of the welfare attached to it.”
Vaccination for COVID-19 is Voluntary.