Meghalaya HC takes suo motu cognizance of mandatory vaccination orders

Shillong, June 23: The Meghalaya High Court on Wednesday observed that “requirement of vaccination should be directory and not mandatory”, even as it clearly and unequivocally stated that “vaccination is the need of the hour” and in fact “an absolute necessity in order to overcome this global pandemic”. Taking up for hearing a PIL moved by the Registrar General of the Court against the Meghalaya Government for making it mandatory for shopkeepers, vendors, local taxi drivers and others to get themselves vaccinated before they can resume their businesses, a division bench of Chief Justice Biswanath Somadder and Justice H.S.Thangkhiew observed that the advice of the Principal Secretary to the Government of Meghalaya, Health and Family Welfare Department that the orders for vaccination should be seen as “persuasive advisory” and “not as a coercion”, was a “step in the right direction”. “Article 21 encompasses within its fold, right to health, as a fundamental right. By that same analogy, right to health care, which includes vaccination, is a fundamental right,” the bench noted. “However, vaccination by force or being made mandatory by adopting coercive methods, vitiates the very fundamental purpose of the welfare attached to it. It impinges on the fundamental right(s) as such, especially when it affects the right to means of livelihood which makes it possible for a person to live,” the order stated. The Court also stated that the order issued by the Deputy Commissioner, East Khasi Hills district for all shops and commercial vehicle drivers to display signs of their vaccination status should be complied with, so that the public at large are provided with an option of making an informed choice. The Court also directed all shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses to prominently display at a conspicuous place, a sign, “VACCINATED”, in event of all employees, staff, driver or conductor or helpers are vaccinated and a sign, “NOT VACCINATED”, if they are not vaccinated. “In the event, any shops/establishments/local taxis/auto-rickshaws/maxi cabs and buses flouts the above directions, the concerned authority of the State shall immediately direct its closure/stoppage of plying,” the Court ordered. On the issue of vaccine hesitancy, the Court said the state government should deal with the matter as specified in the new guidelines of the principal secretary (health department) that the people need to be mobilised and convinced to see the impact of the new intervention for greater acceptance among the communities. “The Court shall monitor this issue closely so that the State Government is able to overcome the vaccine hesitation problem at the earliest and all eligible persons in the State of Meghalaya are vaccinated well within the timeframe as may be specified by the State,” the Court said in its ruling. “In the event, there is any attempt made by any person/organization to spread misinformation regarding the efficacy of vaccination amongst the people of this State, the concerned authority of the State shall immediately step in and proceed against such person/organisation in accordance with law,” the Court ordered, adding that such instances should be brought to its notice. Meanwhile, the Court has fixed the next hearing on the matter on June 30, 2021.

Shillong, Jun 20: The Meghalaya High Court has filed a suo-moto PIL against the mandatory vaccination.

The PIL filed by the registrar of the Meghalaya High Court states that, it has been brought to it’s notice, the state through its various orders of the Deputy Commissioners have made it mandatory for shopkeepers, vendors, local cabbies and others to get themselves vaccinated before they can resume their businesses.

“Whether vaccination can at all be made mandatory and such mandatory action can affect the right of the citizen to earn his/her livelihood, is an issue which requires consideration,” the High Court stated.

The Meghalaya High Court also stated that it has been brought to it’s notice that improper implementation of the Government Welfare Schemes meant for the marginalised sections of the society has affected their right to life.

“The matters indicated above are of profound public interest affecting the fundamental rights of the common people necessitating immediate intervention by this Court,” the Meghalaya High Court stated.