Kerala HC: Restrictions imposed on Unvaccinated people violates Fundamental Rights

Aishwarya Rathore-

Published on: August 0, 2021, at 12:00 IST

A writ petition has been filed in Kerala High Court, contesting Kerala Government’s recent order, imposing restrictions on unvaccinated people.

Pauly Vadakkan, a director in the Malayalam film industry, has filed a complaint against the clause. It states that only those who have received at least one dose of the COVID-19 vaccine or who have a negative RT-PCR certificate that is less than 72 hours old will be allowed in establishments such as shops, offices, factories, and open tourist places.

According to the petitioner, he would suffer from this as he has not been vaccinated due to a drug allergy.

The plea stated, “The Clause IV in the annexure to exhibit P3 issued under the Disaster Management Act, 2005 discriminates between vaccinated and unvaccinated persons, therefore breaching the petitioner’s fundamental right granted by Article 14 of the Indian Constitution.”

Moreover, it was pointed out that not even 50% of the population in the State are vaccinated. He alleged that it was the government that miserably failed by not completing its vaccination drive, and the unvaccinated citizens cannot be discriminated against arbitrarily for not taking the vaccine.

The petitioner has prayed that the said Order be quashed and that the allegedly unreasonable restrictions imposed on the unvaccinated are a violation of Articles 14, 19, and 21 of the Indian Constitution.

In addition to seeking a stay on this specific clause, Pauly Vadakkan requested that he should be given a test dose of the vaccine to ascertain if it is safe for him.

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