'Forced' COVID-19 vaccination violates fundamental rights: Meghalaya High Court

The Meghalaya High Court on Thursday has stated that 'forced' vaccination violates fundamental rights under Article 19(1)(g) of the Constitution. This comes after the court's observation that the Meghalaya government has made it mandatory for shopkeepers, vendors, local taxi drivers and others to get themselves vaccinated before they can resume their businesses. 

Meghalaya High Court on forced vaccination

A division bench of High Court headed by Chief Justice Biswanath Somadder also observed that COVID-19 vaccination is the need of the hour in order to overcome the global pandemic. However, it also stated that the issue of forced vaccination should be answered. Citing Article 21, the court, therefore, said that vaccination by force vitiates the very fundamental purpose of the welfare attached to it.

"Article 21 encompasses within its fold, right to health, as a fundamental right. By that same analogy, right to health care, which includes vaccination, is a fundamental right. However, vaccination by force or being made mandatory by adopting coercive methods vitiates the very fundamental purpose of the welfare attached to it. It impinges on the fundamental right(s) as such, especially when it affects the right to means of livelihood which makes it possible for a person to live," the Meghalaya HC observed

The High Court further observed that it was the duty of the state to "disseminate and sensitize the citizens of the entire exercise of vaccination with its pros and cons". The court also remarked that the burden of suppressing misinformation pertaining to vaccination also lies on the state.

"In our view, the burden lies on the State to disseminate and sensitize the citizens of the entire exercise of vaccination with its pros and cons and facilitate informed decision making particularly in a situation where the beneficiaries are skeptical, susceptible and belonging to vulnerable/marginalised section of the society, some of whom are also gullible members of the indigenous communities who are constantly being fed with deliberate misinformation regarding the efficacy of vaccination by some persons/organisations with oblique motives," the HC order added.

However, the HC has also warned of stern action against anyone who spreads misinformation related to COVID-19 vaccination. It had also directed shops and other establishments to display 'vaccinated' status if the employees have taken their COVID-19 vaccine shots. 

Meghalaya logs 420 new COVID-19 cases

Meghalaya's COVID-19 tally rose to 46,878 on Thursday as 420 more people tested positive for the infection, while 10 fresh fatalities pushed the northeastern state's coronavirus death toll to 807, a senior health official said. As many as 298 more people were cured of the disease, taking the total number of recoveries to 41,647, Health Services Director Aman War said. East Khasi Hills district, of which Shillong is a part, registered the highest number of fresh cases at 126, followed by Ri-Bhoi (58) and West Jaintia Hills (54), he said. Seven fresh fatalities were registered in East Khasi Hills district, two in West Jaintia Hills and one in East Garo Hills district. The northeastern state now has 4,424 active cases. Meghalaya has tested over 6.68 lakh samples for COVID-19 so far, he said. A total of 6.29 lakh people have been inoculated to date, War added.