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Persuade people to get vaccines, not force them: Meghalaya high court to govt
The high court ruled that there has been no legal mandate to coerce people to get the vaccine that can prohibit or take away the livelihood of a citizen on this ground.
The Meghalaya High Court on Thursday told the government not to coerce people to get their Covid-19 vaccine but use persuasion instead. The advice from a two-judge bench of the high court came after it took a dim view of the authorities barring people from opening shops or operating taxis unless they got the jab.
The bench comprising chief justice Biswanath Somadder and justice HS Thangkhiew said the government cannot put an embargo on the fundamental right to life of individuals by strippng them of the right to livelihood except according to the procedure adopted by law. This procedure too, the court added, has to be fair, just and reasonable.
“Till now, there has been no legal mandate whatsoever with regard to coercive or mandatory vaccination in general and the Covid19 vaccination drive in particular that can prohibit or take away the livelihood of a citizen on that ground,” the bench ruled.
The bench has taken suo moto (on its own motion) notice of orders by deputy commissioners barring shops, commercial establishments and passenger vehicles from resuming business in their respective districts unless their staffers have been vaccinated.
Instead, the bench ordered shops, commercial establishments and passenger vehicles to put up a notice board that indicates if the staffers have been vaccinated.
“In the event, any shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses flout the above directions, the concerned authority of the State shall immediately direct its closure/stoppage of plying,” the court ordered.
“Compulsory administration of vaccines without hampering one’s right to life and liberty based on informed choice and informed consent is one thing. However, if any compulsory vaccination drive is coercive by its very nature and spirit, it assumes a different proportion and character,” the bench reasoned.
The court said the issue of vaccine hesitancy needs to be dealt with by the state government in a manner that will commensurate with the seven-point fresh guidelines issued on Tuesday that advocates the “nudge” approach as a primary tool to effect change in the Covid vaccine compliance.
The court cautioned the authorities that it will monitor the situation closely and underscored that the problem must be addressed at the earliest while expecting that all eligible persons in the state are vaccinated within the timeframe as specified by the government.
The matter has been listed for hearing on June 30.
