Don’t restrict unvaccinated people from accessing public areas if Covid numbers are low, says Supreme Court
India Today
The Supreme Court ruled on Monday that unvaccinated people should not be restricted from accessing public spaces, as long as Covid-19 case numbers in India are low.
The Supreme Court ruled on Monday that no individual can be forced to take any vaccination and unvaccinated individuals should not be restricted from accessing public places, as long as Covid numbers are low.
"As long as Covid numbers are low, no restriction should be placed on individuals from accessing public areas and the same should be recalled if such restrictions are in place," the judgment delivered by a bench of Justices L Nageswara Rao and B R Gavai said.
The plea in the Supreme Court had challenged mandatory Covid-19 vaccine mandates as unconstitutional.
In its order, the Supreme Court stated that no one can be forced to get vaccinated “considering bodily autonomy, bodily integrity is protected under Article 21”.
“Bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated. 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,” the order said.
“We are not inclined to entertain any challenge to the maintainability of the writ petition. Court has the power to scrutinise the policy in question, with respect to infringement of personal autonomy and bodily integrity," the court ruled.
However, the Supreme Court order included the caveat that the government can impose some restrictions on individual freedoms in the interest of the community.
