In the Hon’ble Rajasthan High Court, a writ petition has been filed to rescind the state government’s order which was restricting people in public places like gyms restaurants, etc. who have gone through at least one vaccination dose. The order on basis of vaccination also restricts the working of city buses and other markets.
Here the petitioner, who is also a social activist concerns about the fact that vaccination is mandatory, and also people are facing discrimination because of the fact of being vaccinated. The petitioner represented by Advocate Nischay Nigam and Himanshu Kala found the to be arbitrary and discriminatory which is violating Article 14,19(1)(g) and 21 of the Indian Constitution. They also expressed that, the order is based on an arbitrary categorization, namely, the status of COVID-19 vaccination, without any rational connection putting an embargo on the individual’s ability to continue in his or her occupation or profession, and therefore on his or her right to life. As a result, the contested order flagrantly breaches Article 14 of the Indian Constitution.
It accuses the state of Rajasthan of engaging in a colorable power by attempting to limit individuals’ basic rights in a way that cannot be done explicitly. The State is rewarding what is already protected by the Constitution by incentivizing the vaccination procedure.
By citing Common Cause versus. Union of India 2018, the petition argues for the right to self-determination and autonomy in medical care decisions. It claims that there has been no legal requirement relating to coercive or obligatory COVID19 vaccination drives that can ban or take away a citizen’s livelihood unless done so per the procedure established by law.
The petition cites the Hon’ble Meghalaya High Court decision that recognizes the voluntary character of COVID19 immunization. The appeal further points out that the impugned decision fails to take into account the fact that Rajasthan has been experiencing a severe vaccine scarcity, as the Hon’ble Chief Minister stated in an open letter to the Hon’ble Prime Minister. It further takes into account the requirements of imposing reasonable restrictions ‘in the interest of the general public’ under Article 19(6) of the Indian Constitution.