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The Meghalaya High Court on Wednesday, 23 June, held that vaccinations administered by using coercive methods vitiates the fundamental purpose of welfare that is attached to it, according to Bar & Bench.
The high court said that forcing shopkeepers, vendors, taxi drivers etc to get vaccinated as a condition to restart their business will violate Article 19(1)(g) of the Constitution.
The judgement comes while the high court was dealing with a Public Interest Litigation (PIL) against orders passed by the state, directing shopkeepers, vendors, taxi drivers etc. to get vaccinated before running their business again, Bar and Bench reported.
Two questions were discussed in this regard -- whether vaccination can be made compulsory and whether doing so can have an adverse effect on the right of a citizen to earn their livelihood.
Considering the question of whether a state government can issue any notification or order which could have a direct effect on the fundamental rights of its citizens, the court said that there was a 'clear lack of legitimacy in prohibiting freedom of carrying on any occupation, trade or business amongst a certain category or class of citizens who are otherwise entitled to do so by making the notification/order ill-conceived, arbitrary and/or a colourable exercise of power.'
The Court further noted that the burden of sensitising citizens about vaccinations with its pros and cons so as to facilitate informed decision making lies with the State.
The Court gave the following directions to the state government on vaccinations, as reported by Bar and Bench:
(i) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “VACCINATED”, in the event all employees and staff of the concerned shop/establishment are vaccinated. This also applies to taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are vaccinated.
(ii) All shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses should display prominently at a conspicuous place, a sign, “NOT VACCINATED”, in the event all the employees and staff of the concerned shop/establishment are not vaccinated. As before, this should also be the case for local taxis/auto-rickshaws/maxi cabs and buses where the concerned driver or conductor or helper(s) are not vaccinated.
The matter will be considered again on 30 June, the report said.
(With inputs from Bar & Bench and Live Law.)
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