FPJ Legal: Maharashtra govt can’t bar unjabbed from local trains, Bombay HC told

FPJ Legal: Maharashtra govt can’t bar unjabbed from local trains, Bombay HC told

Narsi BenwalUpdated: Wednesday, January 19, 2022, 11:36 PM IST
article-image
CSMT | Photo by Bhushan Koyande

Mumbai: The Bombay High Court was informed on Wednesday that the Maharashtra government doesn’t have powers to disallow non-vaccinated citizens from travelling in suburban local trains. The HC was further told that the government had erred in imposing such a restriction as it breached the right to movement of the citizens.

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

Advocate Nilesh Ojha, arguing for one of the petitioners, relied on the judgment of the Gauhati HC, which said that the states could not discriminate between vaccinated and non-vaccinated citizens.

“This verdict has been confirmed by a full bench of the Supreme Court,” Ojha emphasised.

Citing some research papers, the counsel further said, “These papers state that both vaccinated and non-vaccinated citizens have equal potential to spread the infection. There is another research that says that people with natural immunity don’t run the risk of getting infected or spreading the infection.”

“It must be noted that I have submitted similar studies before the Supreme Court along with the opinion of the head of AIIMS. But the states or Union governments have not denied it and thus this court has to accept my contentions,” Ojha added.

“My main contention is that there cannot be discrimination on the basis of vaccination,” Ojha stressed.

At this, Chief Justice Datta interrupted saying, “The Union government hasn’t come up with a policy or decision to discriminate but that doesn’t mean that even the state can’t take such a decision. Public health comes under the domain of the state and not the Union.”

“Doesn’t the state have powers to take such a decision?" the Chief Justice asked, to which Ojha responded with, “No, it doesn’t.”

During the hearing, Ojha cited the provisions of the Epidemic Diseases Act and argued that it allows states to act as per the guidelines of the national disaster authority. He even alleged that mandatory vaccination was being done to benefit vaccine companies.

“If the state feels that for the purpose of containing a disease, certain measures are to be taken, it can take. We are living in a federal state,” the CJ added.

“If this train travel is contrary to the Union government, it would say so. Has the Union government come out with such a directive?” the bench questioned Ojha.

“It could also be applied the other way wherein the Union government may find it okay?” the bench added.

To this, Ojha responded, “The Union government will have to clarify its stand on this issue then. Unless it says something, we can’t move ahead.”

However, the Chief Justice reminded the counsel of the fact that the executive order is indirectly premised on the Constitution of India.

“Please be mindful of the fact that the present executive order is based on the provisions of the Disaster Management Act, which flows from the Constitution of India, which also allows imposing of reasonable restrictions,” the CJ said.

The bench further pointed out that it had read in English newspapers that 68 per cent deaths due to Covid from December 1, 2021 were among those unvaxxed.

“But the remaining 32 per cent were either fully or partially vaccinated,” Ojha emphasised.

The bench, while adjourning the matter till Thursday, ordered Ojha to submit data on the percentage of deaths in United States, United Kingdom, Italy, UAE, Europe etc in comparison with India, since the second wave.

RECENT STORIES

Bombay High Court Orders Audit Of Industries Causing High Air Pollution

Bombay High Court Orders Audit Of Industries Causing High Air Pollution

Bombay High Court Asks MPCB To Undertake Immediate Audit Of Industries Falling In Red Category

Bombay High Court Asks MPCB To Undertake Immediate Audit Of Industries Falling In Red Category

Check Eve-Teasing To Avoid Serious Offences: Bombay High Court

Check Eve-Teasing To Avoid Serious Offences: Bombay High Court

Bombay High Court Rejects Bail Plea Of Man Who Raped Minor, Tried To Kill Foetus

Bombay High Court Rejects Bail Plea Of Man Who Raped Minor, Tried To Kill Foetus

Bombay High Court Refuses To Extend Deadline For Notifying New Fire Safety Rules

Bombay High Court Refuses To Extend Deadline For Notifying New Fire Safety Rules