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Don't want any vaccine hesitancy, but concerns with mandates have to be heard: SC

It has scheduled the matter for further hearing on December 13
Last Updated 29 November 2021, 15:38 IST

The Supreme Court on Monday said it does not want any vaccine hesitancy, but will hear concerns raised in connection with the Covid-19 jab mandates.

A bench of Justices L Nageswara Rao and BR Gavai asked advocate Prashant Bhushan, appearing for Jacob Puliyel, a former member of the National Technical Advisory Group on Immunisation, to challenge the mandates issued by states separately.

Bhushan said a person cannot come out of her home if not vaccinated in Maharashtra and Tamil Nadu, and an unvaccinated person will not get ration in Madhya Pradesh.

He said that in Delhi, government officers cannot go to office unvaccinated and other states also have similar restrictions.

He pointed out that the Centre, in an RTI reply, said there is no mandate for vaccines.

"If you are challenging a state government mandate, shouldn't the state be heard? We follow a federal structure. Can we set aside mandate issued by a state without hearing them?” the bench asked Bhushan.

Bhushan contended that the US Court of Appeals has struck down vaccine mandates, with private employers directed to ensure mandatory vaccination.

He also pointed out that the Meghalaya High Court has also said that authorities cannot stop anybody from opening shops, etc.

Solicitor General Tushar Mehta, representing the Centre, submitted that any attempt by a vested interest group, which will result in vaccine hesitancy, should be avoided. Mehta said crores of people around the globe are protecting themselves through vaccines, and “now we are faced with this minority of people who are objecting”.

He said that even oral observation by the court will have severe adverse effects.

The court posted the matter for hearing on December 13.

Puliyel sought transparency in clinical trial data for vaccines being administered in India under emergency use authorisation and also a stay on the vaccine mandates.

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(Published 29 November 2021, 14:01 IST)

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