Greeva Garg –
The Meghalaya High Court has held that forceful or mandatory vaccination violates the Fundamental Rights of the people and hence declared it as Ultra Vires ab initio.
The Court made this observation while dealing with a suo moto Public Interest Litigation (PIL) concerning orders issued by the State Government mandating shopkeepers, vendors and taxi drivers to get themselves vaccinated against Covid-19 before resuming their business.
The division bench comprising Chief Justice Biswanath Somadder and Justice HS Thangkhiew stated in the judgement that, “Vaccination by force or being made mandatory by adopting coercive methods, vitiates the very fundamental purpose of the welfare attached to it. It impinges on the fundamental right(s) as such, especially when it affects the right to means of livelihood which makes it possible for a person to live.”
The Bench cited several Court Orders to highlight the fact that vaccination by force has been discouraged.
Meanwhile, The Bench noted that vaccination was the need of the hour and a necessary measure to curb the spread of the Covid-19 pandemic. The Court ordered the State Government to take stern measures in avoiding the spread of wrong information on the vaccination drive.
The Court ordered for all shops, businesses and commercial vehicles in the state to display the Covid-19 vaccination status of their employees at a ‘conspicuous place’ so that people can make an informed decision before using their services.
The Court said the authorities can order ‘closure/stoppage of plying’ for those who don’t follow these guidelines. The Bench will hear the matter again on June 30.