'Right to refuse vaccine doubtful in present situation’: Madras HC

The court also pointed out that vaccination is not only to protect an individual but to cater to the larger interest of public health.

The Madras high court on Wednesday said that given the current circumstances a citizen may not be able to refuse the vaccine. A bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy observed that such a provision is doubtful given the current situation.

The court said that when the question of public health arises there is a possibility that an unvaccinated person may be asymptomatic and yet be a carrier of the disease therefore casting doubt over the ‘right to refuse’ vaccination. (Reuters)

“Can a citizen refuse to take a vaccine as a matter of right? It is doubtful whether the right to refuse to take the vaccine can be exercised in such circumstances,” the court observed according to a report by news agency PTI.

The court also pointed out that vaccination is not only to protect an individual but to cater to the larger interest of public health. The court said that when the question of public health arises there is a possibility that an unvaccinated person may be asymptomatic and yet be a carrier of the disease therefore casting doubt over the ‘right to refuse’ vaccination.

The court made this observation after the State observed an element of reluctance in some quarters regarding the Covid-19 vaccine. The court asked the authorities to persuade citizens with awareness campaigns, scientific data and inform them that the vaccine is indispensable when it comes to dealing with the pandemic.

The court also highlighted that there needs to be a plan to vaccinate persons with disabilities and also those who do not have resources to travel in semi-urban or rural areas. The court said that it hopes that people with disabilities irrespective of their status and resources will be taken care of by the State in due course. The matter was adjourned till July 28.