In a relief to people of the State, the Meghalaya High Court has said that Covid vaccination should never affect a major fundamental right – right to life, personal liberty and livelihood, “especially when there was no reasonable nexus between vaccination and prohibition of continuance of occupation or profession”.
In an order passed today on a suo mottu public interest litigation (PIL), the division bench of the High Court directed that shopkeepers and drivers of passenger vehicles who have not taken the vaccination should display a sign “Not Vaccinated”.
“A harmonious and purposive construction of the provisions of law and principles of equity, good conscience and justice reveals that mandatory or forceful vaccination does not find any force in law leading to such acts being liable to be declared ultra vires ab initio,” the High Court said.
The court also mentioned that Article 21 encompasses within its fold, right to health, as a fundamental right.
“By that same analogy, right to healthcare, which includes vaccination, is a fundamental right. However, 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 High Court added.
In order that the public at large are provided with an option of making an informed choice, the High Court also directed that all shops, business 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 or business establishment are vaccinated. Similar sign should be displayed in the case of local taxis, auto-rickshaws, maxi cabs and buses where the concerned driver or conductor or helpers are vaccinated.
The High Court also ordered that all shops, business 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 or business establishment are not vaccinated.
Similar sign should be displayed in the case of local
