The state government of Maharashtra recently allowed fully vaccinated citizens to travel by the Mumbai local trains. While this decision was appreciated by the public, several people in the city have expressed their displeasure as not everyone has been able to get vaccinated for several reasons, be it due to unavailability of vaccine or for not being eligible due to post COVID recovery phase. Before the decision was passed by the government, a petition was filed at the Bombay High Court (HC) regarding the same which stated the need for allowing fully vaccinated citizens to travel in Mumbai local trains.
However, reports state that another new petition has been filed at the HC which challenges government's previous decision and states that the clause to allow only fully vaccinated citizens in local trains or at malls violates the fundamental rights, as the Union government has clearly stated vaccination to be a voluntary decision, but the state government has made it a mandatory need which forces one to get vaccinated.
Sharing more information, Mumbai-based medical consultant and activist, Yohan Tengra has informed that the circulars previously shared by the government are 'arbitrary, unconstitutional, and unlawful.' A detailed report regarding the same was published in India Today, which states that the fresh petition is based on courts orders and ICMR guidelines issued regarding the vaccination which is said to be 'not mandatory.'
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Basis this, the petition demands the state government to permit all citizens to travel by the local trains, public places and change the decision. The petitioner has also stated reports from global studies which talk about stronger immunity of a person affected with COVID than that of the ones who are vaccinated.
The previous circulars were released by the government on July 15, August 10 and 11, 2021. Similar petition was filed earlier in September 2021, by another activist, Firoze Mithiborewala, stating the same reasons of violating the fundamental rights.
References of MoHFW's replies to the RTI queries have been made in the fresh petition, which mention that the decision to get vaccinated is voluntary and no conditions can be imposed on the people by the respective state governments to get vaccinated for coronavirus. Furthermore, lack of evidence regarding the effectiveness of vaccines has also been presented.
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Demands have been raised to make the same as a 'pre-condition' to commute on the local train and not mandatory. The petitioner has mentioned that the the Universal Declaration of Bioethics and Human Rights, 2005 has been violated by the state government and the decision should be reconsidered as ones affected with COVID have a strong immune response and people, if vaccinated or not, can contribute to the spread of COVID-19.
At present, the bench of Justice SS Shinde and Justice NJ Jamadar has observed that petition to have the nature of public interest, basis which it needs to be placed before the appropriate bench.
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