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Can Covid-19 shot be refused in public health crisis: Madras HC

A bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made this observation during the hearing of a public interest litigation regarding vaccination of people with disabilities.

Updated on: Jul 1, 2021, 06:25:55 IST
By , Hindustan Times, Chennai
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Chennai: The Madras high court on Wednesday expressed doubt if anyone can have the right to refuse vaccination, given the larger interest of public health during the Covid-19 pandemic as vaccine hesitancy continues in some quarters.

Madras high court. (HT file photo)
Madras high court. (HT file photo)

A bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made this observation during the hearing of a public interest litigation regarding vaccination of people with disabilities.

The state made its submission on the measures taken and informed the court that there is an “element of reluctance in some quarters” to take the vaccine. The court asked the state to persuade people through awareness campaigns as well as scientific data to indicate the efficacy of the vaccines and their indispensable nature in dealing with the present pandemic.

“Indeed, vaccinating oneself may not only be to protect oneself but also in the larger interest of public health,” the court said in its order. “When such a larger interest of public health comes into play and it is possible that a person who has not taken the vaccine may not reveal any symptoms but still be a silent carrier, it is doubtful whether the right to refuse to take the vaccine can be exercised in such circumstances.”

Tamil Nadu’s health department had submitted a report on June 29 on its measures to vaccinate people with disabilities in rehabilitation homes and mental healthcare centres which the court said was adequate. But the judges raised a concern that the state didn’t indicate a plan for people with disabilities who are homebound and do not have the ability and resources to travel, particularly in the semi-urban and rural areas. “It is hoped that all persons with disabilities, irrespective of status and resources, are taken care of by the State in due course,” the court said. The matter has been posted to July 28.

The court had earlier, while passing orders on a different case, directed the state to prioritise vaccination for the differently-abled. Greater Chennai Corporation has been vaccinating those with severe disabilities in their homes if their movements are restricted. A day ago, the court directed the Tamil Nadu government to vaccinate people with mental illnesses, who are either destitute or are homebound, on priority by adopting methods used for vaccinating people with disabilities.

 
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