Don’t want any vaccine hesitancy, but concerns with mandates have to be heard: SC

The bench led by Justice LN Rao was hearing a petition filed by Dr Jacob Puliyel, former member of the National Technical Advisory Group on Immunisation, who contended that mandatory vaccination is against rights of the citizens and is unconstitutional. He had also sought disclosure of clinical trial data and post vaccination data.

New Delhi: The Supreme Court on Monday said it does not want any vaccine hesitancy, but it will hear concerns raised in connection with vaccine mandates.

Advocate Prashant Bhushan appearing for the petitioner submitted before the court that there are vaccine mandates issued in various states. Maharashtra has said that unvaccinated people will stay under lockdown, Delhi has not allowed unvaccinated government servants to come to office and other states also imposed restrictions. However, the Centre had said in RTI reply that vaccine won't be mandatory and the top court had also said the same.

The bench led by Justice LN Rao was hearing a petition filed by Dr Jacob Puliyel, former member of the National Technical Advisory Group on Immunisation, who contended that mandatory vaccination is against rights of the citizens and is unconstitutional. He had also sought disclosure of clinical trial data and post vaccination data.

Court said that mandates can be challenged specifically and it will hear the states on a later date.

Later, Solicitor General Tushar Mehta, representing the Centre, submitted that any attempt by a vested interest group, which will result in vaccine hesitancy should be avoided. He said crores of people around the globe are protecting themselves through vaccines, and now we are faced with this minority of people who are objecting.

As he submitted that even oral observations will have severe adverse effects.

In an affidavit submitted in response to the plea, the Centre said that the petition is against the national interest and at this point the Centre and the states should be encouraging people to get vaccinated.

"It is therefore not desirable at this juncture to invest time in finding out motives behind few elements attempting to act against the interest of nation at the cost of violating the right of crores of citizens to be protected from pandemic," read the affidavit.