Bombay HC: Consciously unvaccinated not entitled to same treatment as inoculated

Vaccine Law Insider
Vaccine Law Insider

Chaini Parwani

Published On: December 22, 2021

The Bombay High Court observed that people taking a conscious decision to not vaccinate against Covid-19 are not entitled to the same treatment given to inoculated persons.

The Bombay High Court while pronouncing the Judgment upholded the Mumbai Port Trust’s Order stating unvaccinated employees have to produce negative test results every 10 days at their own cost.

A Division Bench comprising Justices SJ Kathawalla and Abhay Ahuja stated “We are convinced that persons taking a conscious decision not to vaccinate themselves are effectively deciding to place themselves at a greater risk of contracting and/or transmitting the disease than a vaccinated person.”

Previously, on August 5 certain employees moved court challenging the Mumbai Port Trust’s Order that Vaccination was a voluntary act and produced a Right to Information response by the Health Ministry to support their contention.

The Bombay High Court stated “Even in the case of such breakthrough infections, the severity of the infection and the risk of transmission of the disease are significantly reduced in vaccinated persons and, hence, it is erroneous to hold that because breakthrough infections are possible in vaccinated persons, they stand on the same footing as unvaccinated persons.”

Advocate Rahul Jain representing the Mumbai Trust Port highlighted that despite the port Trust providing free vaccination to its employees, majority got themselves inoculated.

Related Post