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‘Arbitrary’: Gauhati HC slams Mizoram govt for restrictions on unvaccinated people
“The restrictions placed upon unvaccinated individuals vis-à-vis vaccinated individuals are arbitrary and not in consonance,” the court observed.
The Gauhati High Court held on Friday that restrictions imposed by the Mizoram government on the movement and work of people who are yet to get vaccinated for Covid-19 are arbitrary and violates the Constitution.
A division bench of justices Michael Zothankhuma and Nelson Sailo passed the order while acting on a petition against standard operating procedures (SOPs) issued last week by the state government restricting the movement of unvaccinated persons.
“The restrictions placed upon unvaccinated individuals vis-à-vis vaccinated individuals are arbitrary and not in consonance with the provisions of Article 14, 19 and 21 of the Constitution,” the order read.
“Allowances available and given to vaccinated persons in the above clauses shall also be made equally applicable to unvaccinated persons,” the order added while directing the state government to issue a corrigendum of the SOPs declared on June 29, at the earliest.
The next date of hearing in the case is on July 14.
The SOPs issued on June 29 by the Mizoram chief secretary, had included a provision which stated, “only vaccinated individuals of the family members may be detailed for errands within and around localities having significant Covid-19 active cases”.
They also stated that only vaccinated persons should be engaged in manning stores, shops or undertaking any works. Store attendants and other employees should be able to produce proof of vaccination.
It further added that only those drivers and conductors of commercial passenger vehicles who had been vaccinated should be allowed to operate public transport.
“A perusal of the above clauses implies that all persons would require to be vaccinated or else they cannot leave their houses or earn their livelihood. The question that would arise… is whether a person can be vaccinated against his will and whether the non-vaccination of the said individual can debar him from earning his livelihood,” the court observed.
“Though the state can make a law imposing reasonable restrictions in the exercise of any of the rights under Article 19, so long as the said restriction is a reasonable restriction… the above-mentioned clauses do not appear to be reasonable,” it added.
In his submission before the court, the additional advocate general of Mizoram stated that 519,452 persons (67% of eligible persons) had been administered the first dose of Covishield in the state against the target of 775,106 people. He, however, couldn’t say how long it would take to vaccinate all the targeted eligible persons with the first dose.
“There is nothing to show that vaccinated persons (first dose) cannot be infected with Coronavirus or they cannot be spreaders. As the vaccinated and unvaccinated persons would have to follow the Covid proper behaviour protocols as per the SOP, there is no justification for discrimination,” the order read.
“The unvaccinated citizens of the state can’t be faulted due to the state’s failure in not completing the vaccination of the targeted population,” it added.
Mizoram is witnessing over 200 new Covid-19 cases daily in the past few days and the test positivity rate (TPR) on Saturday was recorded at 6.75%.
