Many of us have such question in our minds!
Perhaps, such question came to occupy our mind [very recently] as we started seeing, reading and hearing in the media that vaccine would do no good and its side effects are enormous. Though such stories are floating around us and put us in a state of confusion – whether to go ahead and take the vaccine or say no to it!
Now the elementary question is, do I have the right to reject the vaccination should I approached by the frontline warriors of Covid19 – calling for compulsory vaccination?
Probably after its vacation the Supreme Court would find an answer to such question and amongst other prayers prayed by Dr. Jacob Puliyel in his Writ Petition.
Dr. Puliyel through his Counsel, Prashant Bhushan, prayed before the SC that;
- Public disclosure of trial data and post vaccination data.
- Disclosure of segregated clinical trials of each vaccine [Covishield and Covaxin] and for each age group.
- People’s choice to choose their vaccine.
- Not to intimidate Citizens directly or indirectly to get vaccinated.
Before we get to see what his arguments before the Court is, let us first know who Dr. Puliyel is? And, under what authority he has presented his arguments in his Writ Petition.
According to Petition, Dr. Puliyel is a Pediatrician and who was advising to GoI on vaccines as a member of the National Technical Advisory Group on Immunization [NTAGI] for several years. Not alone that Dr. Puliyel is a known author of many articles in the medical journals published in the UK and Canada, he claims in his Petition.
Dr. Puliyel alleges that the vaccines used in India against Covid is not adequately tested for safety or efficacy and are licensed under Emergency Use Authorisation without any data being given in the public domain. Which, according to him, a clear violation of the basic norms prescribed by WHO and Indian Council of Medical Research [ICMR].
He further alleged in his Petition that countries like Denmark have widely banned usage of Astra Zeneca’s branded Covishield vaccine and the Indian authorities because of their poor follow-ups and poor Adverse Events Following Immunization [AEFI] evaluation and suppression of data, such events not been brought into public domain by the GoI.
He thereby prays SC to declare that vaccine mandates in any manner whatsoever even by way of making it a precondition for accessing any benefits or services, is a violation of rights of citizens and unconstitutional and he pleaded his prayer under Article 14 [equality before law] and 21 [Protection of life and personal liberty].
Is it necessary that GoI seeks my Will before administering me its vaccine?
I am of the considered opinion that under Article 21, I command such rights to accept or reject what I am being offered by the government should I have slightest doubt over its safety or do I have the references to claim that it endangers my life.
In this case, it is an admitted fact that both vaccines have not completed its trials effectively and its efficacy was rated about 70% only. More so, no data was made available [age group wise] and its success rates on the users.
The Delhi High Court in one of its Orders on Measles Rubella case opined that the consent of the user is necessary before being vaccinated and I have no doubt in this case too, the SC would adapt such stand of the Delhi HC.