No merit on vaccination for the right to work

By Grishma Shetty at lexcliq


At the end of 2019 year, there is an outbreak of the noble coronavirus which spread s rapidly across the globe. In India the entire nation went on lockdown to break the chain and in order to reduce the spread of coronavirus. At the beginning of 2021, the vaccination for the coronavirus was discovered and invented, from the month of March, the process of vaccination was started. The union government declared that from the may onward every person who is above 18 years of age is entitled to get vaccinated. Now on one hand where this vaccination process was considered as a mark of economic recovery, the question arises regarding the policy of state government which discriminates between those who are not vaccinated by not providing them any economic benefit. This question was entertained by the Guwahati high court in the case of Madan mili v. union of India.

Background of the case:

In the instant the petitioner by the way of public interests litigation approached the Guwahati high court by challenging the clause 11 of the order issued by the state government of arunachal Pradesh on 30th june regarding the temporary permit given in both private as well public sector work to all those person who have been vaccinated against the ‘covid 19’. The state government of arunachal Pradesh issued the order on 30th June 2021 under section 22(2) (H) of the disaster management act, 2005.

The petitioner challenged this clause on the ground of violation of the fundamental rights enshrined under article 14, 19(1) (d), and 21 of the constitution of India.

Article 14- Equality before law

-The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 19(1) – Protection of certain rights regarding freedom of speech etc.

-(d) To move freely throughout the territory of India

Article 21- Protection of life and personal liberty

– No person shall be deprived of his life or personal liberty except according to procedure established by law.

Analysis of the court:

The clause 11 of the order dated 30 th June 2021 by the state of Arunachal Pradesh, the state government makes a classification under2 groups regarding the permit of work as vaccinated and non-vaccinated. Accordingly the one who is vaccinated is permitted to work in both private as well as public sectors while the one who is not vaccinated cannot be permitted to go on a job. The court analysed and stated the right enshrined under 19(1)(d) of the constitution of india which provides a right to move freely in the territory of india is subject to impose such restriction with a reasonable justification and which is in the public interest.

With the regard to the classification on the basis of the vaccinated and non-vaccinated person in the state of Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law Arunachal Pradesh is done for the purpose of stopping the spread of noble coronavirus the itanagar bench of Guwahati high court stated there is no evidence available either in the record or in the public domain that covid-19 vaccinated persons cannot be infected with covid-19 virus or he /she cannot be a carrier of a covid-19 virus and consequently, a spreader of covid-19 virus. Further, the bench added that the classification must be done on some substantial and reasonable ground, and both the vaccinated and non-vaccinated people who are suffering from the corona virus are likely to spread the virus equally. Therefore, the bench stated that the classification is not done on any notional or rational nexus.

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