Right to not get vaccinated

 FACTS 

In this case, the Petitioner was a member of the National Technical Advisory Group on Immunization (NTAGI) and was advising the Government of India on vaccines. He filed a Writ Petition in the Supreme Court highlighting the adverse consequences of emergency approval of vaccines in India, the need for transparency in publishing segregated clinical trial data, the need for disclosure of clinical data, the lack of transparency in regulatory approvals, minutes and constitution of the expert bodies, imperfect evaluation of Adverse Events Following Immunisation (AEFIs) and vaccine mandates in the absence of informed consent being unconstitutional. The Petitioner further stated in the Writ Petition that coercive vaccination would interfere with the principle of informed self-determination of individuals protected by Article 21 of the Constitution of India.

 WHAT DID THE COURT SAY? 

The Court found the vaccination policy of the Union of India is not unreasonable and arbitrary, however, the court held bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated. Further, the Court observed: “Personal autonomy of an individual involves the right of an individual to determine how they should live their own life, which includes the right to refuse to undergo any medical treatment in the sphere of individual health. People who did not wish to get vaccinated can avoid vaccination, however, if there is a likelihood of such individuals spreading the infection to other people or affecting community health at large, 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.” 

Regarding the restrictions on unvaccinated persons and impeding their right to access public resources, the Court held the restrictions on unvaccinated individuals are not proportionate, as the Court found both vaccinated and unvaccinated individuals to be equally susceptible to transmission of the virus and thus directed the authorities to review the relevant orders and instructions imposing restrictions on unvaccinated individuals.