The affidavit filed by the Central govt. in the Supreme Court made it clear that the order, GR, SOP, by Maharashtra, Tamil Nadu, Kerala, and other state govt./District Collector about vaccine mandates is illegal. The Supreme Court asked the petitioner to make all the states that are making such mandates as party respondent.
The Central govt. said, in their counter affidavit dated 28th November 2021, that vaccines are not mandatory, and any services or benefits are not attached to vaccination. The Manipur High Court order on vaccination was passed in line with the Mizoram HC. And legally, if the judgement of a lower court order is not overruled by the Supreme Court of India, then the judgement applies to all the states and its citizens. If no authority, including the vaccine manufacturer, claims that the vaccine is safe and will not cause any complications and has fullproof guarantee that the said person will neither get infected nor spread the virus, why is the state govt. making it mandatory for its citizens to take the vaccine, which is in violation of the court order and also the fundamental rights guaranteed under the Constitution of India?
The state government has issued a directive dated 8th Jan 2022, directing all students of Class 9 and above who have completed 15 years of age to take the vaccine against Covid-19 in order to be able to take admission/attend regular normal classes. This should not be made mandatory by the state govt. or by schools and institutions as it is stripping a person’s fundamental right of freedom of choice, which has been enshrined in the Indian Constitution. It should be left to the individual concerned whether to take the vaccine or not.
It is therefore requested that the state government withdraw the directive for mandatory vaccination and leave it for the individuals to decide on the matter.
Temjen Longkumer
tjen.lkr@gmail.com
