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Vaccine hesitancy in Meghalaya has been ordered to be dealt with in a timely and effective manner by the state government on a priority basis. Chief Justice Biswanath Somadder and Justice H.S. Thangkhiew, sitting as a division bench, reiterated their earlier order of June 23. State Government is directed to deal with vaccine hesitancy on a priority basis and with full earnestness. PILs were filed by shopkeepers, street vendors, taxi drivers, etc., who were ordered to get vaccinated before they could resume their businesses. Mandatory or forceful vaccination is illegal under the law and must be declared as such from the outset, according to the Supreme Court's ruling.
Thereafter, it issued a series of directives aimed at encouraging vaccination among the population and dispelling any fears they may have had about it. Persons/organisations who attempt to spread misinformation about the efficacy of vaccination among the people of this State will be prosecuted in accordance with law. As well, the Court had decided to keep a close eye on the situation so that the State Government can overcome the vaccine hesitation problem as soon as possible and that all eligible persons in the State are therefore vaccinated well within the timeframe that may be set by the State. Although the Court listened to an Advocate General's testimony, it noted that the issue still needed to be addressed in more depth. On the next date of hearing, the court instructed the attorney general to inform the court specifically of the manner in which the state government is handling the vaccine hesitation issue. A new hearing date has been set for August 9. Ultra vires ab initio is a forceful vaccination. It had issued a series of directives to the state government in order to ensure that people have a "informed choice" regarding vaccination. "As a fundamental right, the right to health is included in Article 21.
Paraphrasing that analogy, a fundamental right is the right to health care, which includes vaccination. Vaccination by coercion, however, undermines the very purpose of vaccination and the welfare attached to it. When the right to livelihood, which makes it possible for a person to live, is affected, it affects the fundamental right(s) as such." In addition, it had said: "Right to life, liberty and livelihood, vaccination and welfare policy can never affect a major fundamental right; especially when there is no reasonable nexus between vaccination and prohibition of continuing to work or practice a particular trade or profession. Legally, mandatory or forceful vaccinations are ultra vires ab initio."
Tags : #MeghalayaHighCourt #Covid19 #VaccinationOfCovid19 #VaccineHesitancy
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