Covid-19 vaccination a service requirement and not an option for Armed Forces: IAF

The Indian Air Force (IAF) has said that "to ward off the ill-effects of the biological weapons" and to control the spread of coronavirus infection, vaccination is a "service requirement and not an individual option" for armed forces and it can't be compared with civilians.

The statement has been made in an affidavit filed in Gujarat High Court in response to a petition moved by a corporal, who is facing dismissal for his unwillingness to be vaccinated against Covid-19. He has challenged the mandatory vaccination drive at his unit in Jamnagar, where he is posted, on the ground that it is voluntary and not mandatory to be vaccinated.

The petitioner Yogendra Kumar is a corporal, weapon fitter, of Squadron, Air Force, currently posted in Jamnagar. He has moved court stating that he had shown his "unwillingness for vaccination" because of which a show-cause notice was issued to him, asking him "as to why no action should be taken against for his unwillingness to immunization" in accordance with Indian Air Force regulations.

Kumar has said that he responded that the vaccine is not "fully approved by administration and has been given Emergency Use Authorization (EUA). Hence, it should not be considered as an only option in order to get prevention against Covid-19." In May, he received another show-cause notice for his dismissal under Air Force Act, 1950 read with Air Force Rules, 1969 for unwillingness to get vaccinated against Covid-19. A division bench of the high court had issued a notice and sought IAF's response while directing it not to take any coercive action against Kumar.

Following the order, Air Commodore Vineet Jindal, holding the charge of Air Officer Commanding, 47 Signals Unit, Air Force, Vadsar in Ahmedabad filed an affidavit in the court. He has said that the petition is "premature and without jurisdiction." He has said that no decision has been taken till now to dismiss the petitioner and only a notice has been served. It says that termination of service falls within the definition of terms of "service matter" as laid down in section 3 (0) (ii) of the Armed Forces Tribunal Act, 2007, and therefore, it falls under the jurisdiction of the Armed Forces Tribunal under section 14 of Armed Forces Tribunal Act, 2007.

The affidavit states that the petitioner is a "combatant air warrior" and considering the nature of his duties, he cannot be allowed "to compare himself with civilian counterparts...such unwillingness on the part of the petitioner has a strong potential to adversely impact the operational capability of his unit/formation.." It says that the petition should be dismissed with a heavy cost.

"It is pertinent to highlight that a close-knit community living in Air Force campuses refusal on the part of the petitioner to get himself vaccinated is not only likely to expose the petitioner to highly contagious covid-19 infection but also endanger the lives of fellow air warriors and other Air Force civilians. Therefore, it is highlighted that the instant case is fit for consideration wherein the individual good must merge with the larger good," the affidavit mentions.

"Apart from the above, it is also highlighted that, to ward off the ill-effects of the Biological weapons used by potential adversaries in their military strategies in the modern warfare, a combatant is mandatorily vaccinated/inoculated against the same...Therefore, getting vaccinated is a "service requirement" and not an individual option," it adds.

The affidavit mentions the Air Force Act, 1950 which provides for "administration of oath/affirmation to the Air Force personnel to obey the commands of any officer set over him even to the peril of his life. It says that the enrolment form under Rule 7 (2) of the Air Force Rules, 1969 also prescribes that "the willingness to get himself inoculated/vaccinated by a person aspiring himself to be enrolled in the Indian Air Force as a combatant, is to be considered before enrolling him in the Indian Air Force. Considering the nature of duties performed by him, a combatant air warrior cannot be allowed to compare himself with civilian counterparts. Such a comparison is totally misplaced and unjustified."

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