FPJ Legal: Ban on local train travel for unvaccinated is in public interest, Maharashtra govt tells HC

Senior advocate Anil Anturkar, the government's lawyer, said though such a restriction encroaches on the fundamental right to move freely under Article 19 (1)(d) of the Constitution, it is "reasonable" in view of the pandemic.

Narsi BenwalUpdated: Thursday, January 20, 2022, 08:02 PM IST
article-image
FPJ Legal: Ban on local train travel for unvaccinated is in public interest, Maharashtra govt tells HC | File Photo

The Maharashtra government on Thursday told the Bombay High Court that it has restricted entry of non-vaccinated citizens in suburban local trains only for the betterment of the public at large. The state further said that it has enough powers to impose such "reasonable restrictions."

A bench of Chief Justice Dipankar Datta and Justice Makarand Karnik was hearing a bunch of petitions challenging the decision of the state government restraining non-vaccinated citizens from travelling in local trains.

Senior counsel Anil Anturkar arguing on behalf of the state accepted that the decision in question has indeed encroached upon the fundamental right to free movement of citizens.

"Only Article 19(1)D (free movement) is encroached certainly but we have powers under the Constitution of India to impose reasonable restrictions," Anturkar said, adding, "These restrictions are for the betterment of the general public thus these are reasonable restrictions."

Anturkar further highlighted the issues faced by citizens during the second wave of Covid. "We suffered a lot due to dearth of medical oxygen. We don't want a similar situation again. Therefore, we want to be very cautious this time and take all possible precautions to minimize spread of cases," the senior counsel said.

"While vaccination may not guarantee full immunity, it is a step to avoid hospitalization and death and thus the restrictions on train travel have been imposed to avoid extreme eventualities," he added.

On the argument by advocate Nilesh Ojha that the state is powerless to impose such a restriction, Anturkar pointed out that the Disaster Management Act confers powers on the state to take measures for welfare of citizens to contain a disease.

The senior advocate would continue arguing on Friday.

(To receive our E-paper on whatsapp daily, please click here. To receive it on Telegram, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

RECENT STORIES

Union minister Narayan Rane undergoes angioplasty in city hospital

Union minister Narayan Rane undergoes angioplasty in city hospital

Palghar: Mephedrone worth Rs 11.50 lakh seized from Nalasopara, two Nigerians held

Palghar: Mephedrone worth Rs 11.50 lakh seized from Nalasopara, two Nigerians held

Shah Rukh Khan’s 'Mannat' nameplate worth Rs 25 lakhs goes missing: Report

Shah Rukh Khan’s 'Mannat' nameplate worth Rs 25 lakhs goes missing: Report

Texas shooting: Police waited over an hour to breach classroom

Texas shooting: Police waited over an hour to breach classroom

Mumbai: Latest Updates - Sunny side up for Mannat following clean chit to Aryan Khan

Mumbai: Latest Updates -  Sunny side up for Mannat following clean chit to Aryan Khan