Right to refuse vaccine doubtful during Covid-19 pandemic

As the COVID-19 pandemic continues to spread around the world, we have been witnessing the effects of the pandemic on various areas of law such as real estate law, commercial law, employment law, etc. The launch of COVID-19 vaccines has brought another significant legal issue regarding the right to refuse to be vaccinated under Article 21 of the Indian Constitution.

In the case of M Karpagam v. Commissionarate for the Welfare of Differently-Abled and Anr. Madras High Court division bench, Chief Justice Sanjib Banerjee and Justice Senthil Kumar Ramamoorthy made it clear that specifying about the state report, that people were hesitant to get vaccinated and that it was the duty of the respective states to create awareness among the society regarding the scientific data and efficiency of the vaccine.

“The State reports that there is also an element of reluctance in some quarters to take the vaccine. The State should try and persuade persons with awareness campaigns and scientific data to indicate the efficacy of the vaccines and the indispensable nature thereof in dealing with the present pandemic. “

Further, the bench said that right to refuse is still a question because expressed doubts as to whether a “right to refuse” the COVID-19 vaccine can be exercised, given that there are larger public health concerns involved and since unvaccinated persons may be asymptomatic carriers of COVID-19.

“Indeed, vaccinating oneself may not only be to protect oneself but also in the larger interest of public health. When such a larger interest of public health comes into play and it is possible that a person who has not taken the vaccine may not reveal any symptoms but still be a silent carrier, it is doubtful whether the right to refuse to take the vaccine can be exercised in such circumstances.”

The order needs to be read alongside a recent decision of the Meghalaya High Court, holding that mandatory or forceful vaccination impinges on the fundamental right of citizens. It had suggested that people have an “informed choice” with respect to vaccination.