Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The Supreme Court on Monday held that no individual can be forced to get vaccinated and the right to bodily integrity of a person under Article 21 of the Constitution include the right to refuse vaccinate.
The Court also held that the vaccine mandates imposed by various state governments and other authorities in the context of COVID-19 pandemic are "not proportionate". The Court held so as no substantial data has been produced on record to show that the risk of transmission of COVID-19 virus from the unvaccinated persons are higher than from vaccinated persons.
The Government is entitled to impose restrictions on individual rights in public health interests, but the restrictions should meet the 3-fold requirement legality, legitimate need and proportionality laid down by the Supreme Court in the Puttaswamy judgment.
Compelling any person to got for any scientific examination amounts to self incrimination and violative of article 20(3) of the Constitution.
Personal autonomy encompasses right to refuse undergo any medical treatment
On bodily integrity - no individual can be forced to get vaccinated
"The upshot of the above discussion leads to the following conclusions:
a) Bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated.
b) Personal autonomy of an individual involves the right of an individual to determine how they should live their own life, which consequently encompasses the right to refuse to undergo any medical treatment in the sphere of individual health.
c) Persons who are keen to not be vaccinated on account of personal beliefs or preferences, can avoid vaccination, without anyone physically compelling them to be vaccinated. However, if there is a likelihood of such individuals spreading the infection to other people or contributing to mutation of the virus or burdening of the public health infrastructure, thereby affecting communitarian health at large, protection of which is undoubtedly a legitimate State aim of paramount significance in this collective battle against the pandemic, the Government can regulate such public health concerns by imposing certain limitations on individual rights that are reasonable and proportionate to the object sought to be fulfilled" -Paragraph 49.
Jacob Puliyel vs Union Of India 2022 SC
