Discrimination Based on Vaccination Blatantly Violates Article 14,19,21 Of Constitution of India: Plea Filed in Rajasthan High Court
(Judicial Quest News Network)
vaccination and fail to establish a rational nexus between the action and intention of the state i.e., a correlation between the Right to Access to Public Places under Art 15(2) and Right to Healthcare (Right to Vaccination) under Art 21. Hence, the impugned order dated 26.06.2021 is liable to be quashed on this very ground.
the impugned order issued by the Government of Rajasthan without prejudice to the original submissions made above, ignores the fact that the State of Rajasthan has been facing an acute shortage of vaccine and has constantly raised the issue of deficiency in the supply of Vaccine Doses by the Central Government time and again. The same is being reiterated by the Hon’ble Chief Minister of Rajasthan in an open letter to the Hon’ble Prime Minister dated 26.06.2021 acknowledging the issue of acute shortage of the COVID-19 vaccination doses faced by the State. Hence, the impugned dated 26.06.2021 ill-founded, impractical and arbitrary in law and is thus liable to be quashed on this very ground.
The petition is filed through Advocates Nishchay Nigam & Himanshu Kala, states that the order is found on the unreasonable classification, i.e., the status of COVID-19
Vaccination, without any rational nexus imposing an embargo on individual’s right of the continuance of occupation and/profession and hence on the right to life. Thus, the impugned order blatantly violates Article 14 of Constitution of India.
It alleges the colourable exercise of power by the state of Rajasthan. The impugned order issued by the respondent i s curtailing the following
fundamental rights guaranteed under Part III of the Constitution of India, 1950:
– Right to Equality under Article 14 of the
Constitution of India, 1950;
– Right to Access to Public Places under Article
15(2) r/w Article 14 of the Constitution of India,
1950;
– Right to practice any profession, or to carry on
any occupation, trade or business under Article
19(1)(g) r/w Article 14 of the Constitution of India,
1950;
– Right to means of livelihood recognised under
Article 21 r/w Article 14 and 19 of the
Constitution of India, 1950;
– Right to Healthcare recognised under Article 21 r/
w Article 14 of the Constitution of India, 1950;
– Right to opt for vaccination as a fundamental
right recognised under Article 21 r/w Article 14
and 19 of the Constitution of India, 1950;
– Right, choice and liberty of an individual to prefer
the medicine of his choice recognised under
Article 14, 19 and 21 of the Constitution of India,
1950;
– Right to privacy and exercise of personal liberty
recognised under Article 14 and 21 of the
Constitution of India, 1950.
Furthermore, Clause (3) & (5) of the impugned order dated 26.06.2021
coerces the businesses and business owners to meet the arbitrary and baseless parameter requiring 60% of the staff to be vaccinated in order to operate for additional hours. It is submitted that such a provision outrightly prohibits the freedom of carrying on any occupation, trade or business amongst a certain category or class of citizens who are otherwise
entitled to do so, making the notification/ order ill-conceived, arbitrary and/ or a colourable exercise of power and violative of Article 19 and 21. The Hon’ble Supreme Court in the case of Olga Tellis & Ors vs. Bombay Municipal Corporation & Ors. (1985) 3 SCC 545, held that Right to Life includes Right to the means of Livelihood.
The petitioner submitted that the Hon’ble High Court of Meghalaya in its recent order dated 26.06.2021 has dealt with the issue as to ‘Whether COVID19 vaccination can at all be made
necessary?’ in a suo motu petition taking cognizance of a notification issued by the State of Meghalaya which made the COVID19 vaccination
mandatory. It is submitted that the Hon’ble High Court not just directed the State of Meghalaya to remove the mandatory clause in the state notification on COVID19 vaccination but also formulated guidelines to help people in making informed choices about the COVID19 vaccination.
It also mentions that under Serial Number 3 of the “Frequently Asked Questions” (FAQs) on COVID-19 vaccination uploaded by the Ministry of Health and Family Welfare, Government of India, it is clarified that the COVID19 vaccination process is ‘Voluntary’ for all. Furthermore, in a reply to RTI dated 09.03.2021 asking ‘Whether COVID19, vaccination is voluntary or necessary’, the Central Ministry of Health and Family Welfare replied clarifying that “taking the Covid Vaccines was entirely voluntary and there is no relation whatsoever to provision of government facilities, citizenship, job etc to the vaccine”.
