The Meghalaya High Court on Thursday while hearing a petition stated that vaccination cannot be made mandatory. The order came while hearing a PIL challenging an order issued by the state government making vaccination of shopkeepers, vendors, local taxi drivers etc mandatory before they can resume their businesses.
To ensure that people have an “informed choice” with respect to vaccination, the Meghalaya High Court issued a slew of directions to the State Government in respect of vaccination of all shops, establishments, etc.
“Right to and the welfare policy for vaccination can never affect a major fundamental right; i.e., right to life, personal liberty and livelihood, especially when there exists no reasonable nexus between vaccination and prohibition of the continuance of occupation and/or profession, ” the Meghalaya High Court said.
Furthermore, the high court added, “The question also arises whether the fundamental right can be forcefully imposed even if the beneficiary is not inclined to its exercise, because, if the latter is undertaken, then there is a risk of running into infringing on the fundamental right to privacy and exercise of personal liberty.”