Tuesday, 19 October 2021

New petition in the high court against local train restriction

New petition in the high court against local train restriction

A new petition has challenged the government circular stating that only fully vaccinated citizens will be allowed to travel in local trains and enter public places such as malls, etc.

It says.

The petition also states that though the Central government has made vaccines mandatory, the state authority is going against them by putting citizens in a situation where they have to get a vaccination. This violates the fundamental rights of citizens.

The petition has additionally referred to various studies worldwide that state that people who recover from Covid are more immune to coping with the virus than vaccinated.

Yohan Tengra, the medical consultant and activist through advocate Abhishek Mishra writ a petition filed against and challenged the state government's August 10 and 11 circulars, which permits only fully vaccinated people from traveling on a local train.

The petition also challenges the circular of 15 July, which allows only double vaccinated people or RT-PCR test within 14 days to entering Maharashtra.

New petition in the high court against local train restriction 1pixabay image

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The petition states that the circulars are random, unconstitutional, unlawful, and violate citizens' fundamental rights.

The petition has relied upon orders from various courts and the guidelines of the Central government and Indian Council of Medical Research (ICMR),

The state that vaccination is not compulsory to challenge the circulars and seek the reverse and allow all citizens to access public places and trains.

Firoze Mithiborewala, the Last week activist through another petition, has sought directions to allow all citizens with or without vaccines to travel on local trains. The petition claimed that by putting conditions of complete vaccination, the state had violated the fundamental rights of citizens.

The petition by Tengra refers to the responses of the ministry of health and family welfare to Right to Information (RTI) queries, wherein it has stated that vaccination is voluntary. There is no provision for repayment for those adversely affected by it.

The petition also refers to a judgment of various courts that state what is not allowed to be doing direct cannot be permitted indirectly, implying that as the vaccination is voluntary,

The state cannot ask people to get vaccinated by putting conditions.

The petition has also pointed out that there is no conclusive evidence to show that the vaccines are adequate, as they are at an experimental stage and are not approving by the food and drug department. Vaccines only have emergency use authorization.

Further, the petition states that by making vaccination a pre-condition for local train travel, the government had violated the Universal Declaration of Bioethics and Human Rights, 2005,

Which held that no drug could be administering to a person without his free consent and under the fear of his rights being prejudiced.

Referring to instances of vaccinated people getting infected with Covid and Covid-recovered persons being more immune to the virus than vaccinated, the petition states that those with or without vaccines are no different and can be super-spreaders. Hence the state cannot make a distinction.

When a plea came up for hearing before the bench of justice SS Shinde and NJ Jamadar on Tuesday, the court observed that the contentions raised in the petition were more in the public interest. Hence, the registry should consider the same, place it before the appropriate bench, and refuse to hear the plea.

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