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31/07/2021 - Judiciary

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July 31, 2021

Do you think that the process involved in the compulsory vaccination violate anyone’s fundamental rights enshrined in the Indian Constitution? Comment (200 Words)

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

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Abdul hakkim 3 years

Please review 

IAS Parliament 3 years

Try to include the title of the case, underline only the key points. Keep Writing.

IAS Parliament 3 years

KEY POINTS

·        In Registrar General v. State of Meghalaya, the Meghalaya High Court ruled that the State government’s order requiring shopkeepers, local taxi drivers and others to get the COVID-19 vaccines before they resume economic activities is violative of the right to privacy, life, personal liberty, and livelihood.

·        It relied on the Central government’s frequently asked questions, which specify that COVID-19 vaccination is voluntary.

·        The Vaccination Act, 1880, allowed the government to mandate smallpox vaccination among children in select areas.

·        Similarly, several State laws, which set up municipal corporations and councils, empower local authorities to enforce compulsory vaccination schemes.

·        The main bone of contention is that compulsory vaccination violates bodily integrity and takes away decisional autonomy from people, thereby violating their right to life and privacy.

·        State governments have the authority to mandate vaccines under the Epidemic Diseases Act, 1897, which allows them to prescribe regulations to prevent the spread of an epidemic disease.

·        The restriction must have a legitimate aim. Compulsory vaccination pursues the legitimate aim of protecting the public from COVID-19.

·        The government could provide appropriate accommodation for persons based on genuine medical reasons.



 

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