8.30 Statements/ Documents/ References/ Links To Be Provided/ Submitted To The Authorities Against COVID-19 Vaccine/ Testing Mandates:
(Compiled By Vikash Diwan, ✉️vikashdiwan@protonmail.com)
- Any medical intervention and treatment (including vaccine and testing) cannot be forced upon any individual without his/ her consent/ willingness. Refer to Supreme Court of India judgement- Common Cause vs Union of India & Ors -Civil WP 215 of 2005.
- Bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated; Personal autonomy of an individual involves the right of an individual to determine how they should live their own life, which consequently encompasses the right to refuse to undergo any medical treatment in the sphere of individual health; Persons who are keen to not be vaccinated on account of personal beliefs or preferences, can avoid
vaccination, without anyone physically compelling them to be vaccinated; the restrictions on unvaccinated individuals
imposed through vaccine mandates cannot be considered to be proportionate, especially since both vaccinated and
unvaccinated individuals presently appear to be susceptible to transmission of the virus at similar levels. LFor these points refer to 2nd May 2022 Supreme Court judgement in– Jacob Puliyal vs Union of India & Ors, Civil WP 607 of 2021. - The COVID-19 vaccination is entirely voluntary for the beneficiary. Central Government replies to question in Loksabha.
http://164.100.47.194/Loksabha/Questions/QResult15.aspx?qref=22994&lsno=17 - Is it mandatory to take the vaccine?
Vaccination for COVID-19 is voluntary. Refer:
https://www.mohfw.gov.in/covid_vaccination/vaccination/faqs.html - No person can be forced to be vaccinated against their wishes. Carrying (or showing) of vaccination certificate is not mandatory for any purpose. Central Government statement in affidavit filed in Hon’ble Supreme Court of India in Evara Foundation Vs. Union of India & Ors. Refer: https://drive.google.com/file/d/1dVEqf4Gyu7J90kXw96CPpV5X3cxBhyTg/view?usp=drivesdk
- Adverse reactions and severe risks highlighted by MoHFW just after start of COVID-19 vaccination drive. Refer:
https://pib.gov.in/PressReleasePage.aspx?PRID=1719293 - Adverse Reactions and death reported after taking COVID-19 to AEFI panel. Refer:
https://main.mohfw.gov.in/Organisation/Departments-of-Health-and-Family-Welfare/immunization/aefi-reports - WHO global data for adverse reactions after COVID-19 vaccination. Refer:
https://www.vigiaccess.org/ - Repeated testing at very frequent intervals can lead to injury in nasal cavity and throat, said by ICMR in RTI reply. Refer: https://drive.google.com/file/d/1eEb1WMQYxEKzzN3S4PR12lJnl0SGg97-/view?usp=drivesdk
- As per MoHFW — WHOM TO TEST guidelines, asymptomatic in community setting need not to be tested.
Refer: https://www.mohfw.gov.in/pdf/FINAL_14_03_2020_ENg.pdf - As per ICMR’s guidelines for COVID-19 testing, asymptomatic individuals in community need not be tested. Refer:
https://www.icmr.gov.in/pdf/covid/strategy/Advisory_COVID_Testing_10012022.pdf - RTI reply from GoI says that there is no relationship between taking or not taking COVID-19 vaccination and job/ salary or other service conditions.
Refer: https://drive.google.com/file/d/1dlMW5_1rj7Wdq1QQ43wkCIjJ06YbZCD8/view?usp=drivesdk
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