Snehal Upadhyay-
Gauhati High Court held that classification being done based on a person being vaccinated and unvaccinated for issuance of temporary permits for developmental works in both public and private sector in the State will violate article 14, 19(1) (d) and 21.
A single bench comprising of Justice Nani Tagia put a stay on an order which was issued by the Government of Arunachal Pradesh.
The order stated that it was temporarily permitting people who were vaccinated for COVID-19, can work for developmental works in both private and public sectors in the State.
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This impugned clause interferes with the rights of the people such as the Right to Equality (Article 14), moving freely throughout the territory of India [Article 19(1) (d)] and the Right to Life and Personal Liberty (Article 21) of a person.
The Court observed that “The Order in so far it discriminates between Covid-19 vaccinated persons and Covid-19 unvaccinated persons for issuance of temporary permits for developmental works in both public and private sector in the State of Arunachal Pradesh, shall remain stayed.”
The Court was hearing a PIL, which claimed that as per the RTI (Right to Information) provided by the Ministry of Health & Family Welfare, getting the COVID-19 vaccine is voluntary and is not mandatory.
The Court gave interim relief by putting a stay on the operation of the clause. The Court will further hear this matter on 28th July.
