Bombay HC: Plea against Govt Order permitting Fully Vaccinated People to use Local Trains

Mumbai Journalists Train western local Bombay High Court Law Insider

Snehal Upadhyay

Published on: August 30, 2021, at 10:45 IST

A petition has been filed before the Bombay High Court alleging the decision of the Maharashtra Government.

The government decided that only ‘Fully vaccinated persons against Covid-19’ will use the local trains and can visit other places like malls and workplaces.

The petition states that all the people of the Mumbai Metropolitan Region irrespective of being fully vaccinated shall be allowed to use trains.

The petition is filed by Activist Feroze Mithiborwala.

The Activist mentioned in his petition that “There is no provision of compensation for recipients of Covid-19 vaccine against any kind of side effects or medical complications that may arise due to inoculation. The Covid-19 vaccination is entirely voluntary for the beneficiary”.

The petition further mentions that the decision is not only illegal but also it is violative of the fundamental rights, as it discriminates between who haven’t taken the vaccine and those who have taken the vaccine in order to use the train and to go other places and a person’s right to choose whether to get vaccinated or not.

This infringes Article 14 (Right to Equality), Article 19 (Freedom of Speech and Expression) and Article 21 (Right to Life and Personal Liberties) of the Constitution.

“The action of the respondents in forcing people to be vaccinated is not conforming to the constitutional mandate, moreover when the Government is not taking responsibility or compensation on account of side effects of the vaccine,” the plea states.

The petition also cites various judgments given by several High Courts like Guwahati, Meghalaya, Mizoram, Arunachal Pradesh & Nagaland, in which the Courts have decided that vaccination cannot be made mandatory as a condition for getting jobs, travel, educational institutions, and public places.

Also Read: SC: Railways should Compensate when Trains are delayed

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