New Delhi, March 2 (Agency) The Supreme Court on Wednesday deferred hearing on a petition seeking declaration that mandating vaccination for Covid-19, in any manner whatsoever, even by way of making it a pre-condition for accessing any benefits or services, was a violation of rights of citizens and unconstitutional. A bench, headed by Justice L Nageswara Rao and also comprising Justice BR Gavai, deferred the matter to March 8. Advocate Prashant Bhushan, appearing for petitioner Jacob Pulliyel, said that in absence of a duly informed consent, the mandate of such vaccines was unconstitutional.
Bhushan told the Apex Court that increase in hospitalisation was rampant even in those countries, where vaccination has been majorly done. “Vaccine is a matter of individual decision and it is I who will be ill due to this virus. Whether I take the medication or not, is my absolute right,” . Bhushan said that we have cited tons of scientific evidence. Vaccines can lower your immunity, this phenomenon is known. Large population who suffer side effects which are 90 to 95 percent of the affected do not report it as the process is too cumbersome and only the deaths are reported. its not that vaccines are harmless or benign. they do have adverse effects. Bhushan said that informed consent can only be given if all data regarding a particular medication or vaccine is given to me. Here no phase 3 trial data is out but I don’t know what is risk or benefit. govt is claiming something but govt claims are not enough.
Bhushan said that trials are by companies and they have vested interest in vaccines and they have a hidden interest in concealment of such data. Bhushan said that it is unethical and irresponsible to use such Untested vaccines on children. This is egregious as children are hardly affected by COVID. Chance of dying due to vaccine itself is more for a child than chances of dying due to covid. now it is being mandated Additional Solicitor General (ASG) Aishwarya Bhati, Senior law officer representing the Union of India, told the Supreme Court that for adult, 96 percent adults have been given first dose and 80 percent adults have got the second dose. Now having achieved 96 percent coverage, the whole aspect of challenging the vaccination has paled into insignificance. “The Centre has taken a decision not to make vaccination mandatory so far,” she said.