“Although our main concern is to treat people with substance use disorder and mental health issues and to mental health issues and to ultimately prepare them for reintegration into society, vaccination, is crucial in terms of ensuring overall health and well-being.”
-Susanne Bjelbo
People say “A Single smile gives life-------A healthy life” but the Pandemic snatch the smile and the hope of life, healthy life is a myth for today world. Corona has occupied all the happiness in of life. We are living in a Pandemic Century and every single corner of the world has a fear of the loss. In this situation the Vaccination brings an expectation ray to life. Vaccine is a protection guard and once again people are smiling.
However, the significant challenge is that “IS COVID19 VACCINATION COMPULSORY?” It is the matter of contention, because medical perspective said that it is voluntary but the legal perspective said it is compulsory. Government, the authority of vaccine decided how to distribute the vaccine among the people. So, this issue “IS COVID 19 Vaccine….” is not only for people but also for government. Lately, there is no such act related to vaccine. But earlier at in the British Period, there was an act namely, Compulsory Vaccination Act, 1892. This was the initiative taken by the British Government to take care of Smallpox. The act was repealed by the government in 2001. But still there is chance in the hand of State Government to confer the provision of that act. The main moto of that vaccination to give power to prohibit inoculation, and make vaccination in certain municipalities and cantonments. But it doesn’t mean that the repulsion of the act restricted the government’s hand. The government has many ways to enforce the people to inoculate the COVID 19 Vaccine. In India, the Epidemic Disease Act, 1897, the National Disaster Management Act, 2005and many more different acts authorized government to enforce the compulsion COVID 19 vaccine.
There is a recent incidence happening with famous tennis player Novak Djokovic who refuses to take vaccine. Apart from various Acts the government can indirectly enforce the people for inoculation like the issuance of passport or revocation of passport of any person, if that person has not taken the vaccine. Even the Central Government has power to enforce foreigners who wish to enter into the country. Even the vaccine could be problem for those who are approaching for Public Employment. Because in public employment there is requirements and in that one is vaccine. United States also approved such requirements.
Every provision has some liberty and this provision there is also some liberty. People can take the help of Fundamental Rights of constitution which gives the right of personal liberty and right to follow the religion. Article 21 and Article 25 deals with the rights of personal liberty and follow the own religion could be the main grounds to refuse the vaccine. According to personal liberty every individual (INDIAN) has right to refuse the medical treatment if he believes that the treatment is subject to the death of life. And according to the Article 25 of the Constitution of India protect the religious practice subject to public order, morality and health. The Supreme Court of India in the very famous case “Aruna Shanbaug Vs. Union of India” made clear distinction between active and passive euthanasia.
Conclusion: -
If anyone ask me is COVID 19 Vaccine is compulsory or not? I will say “Yes”. According to my point of view, the COVID 19 Vaccine is compulsory. COVID 19 is infectious disease which causes chaos in human life and their livelihood. If the COVID-19 vaccine is sentinel for us then, by making excuse with the help of Fundamental Rights is not strong ground because the public health is more important than personal issues. Its is a matter of “Unity” and the survival of the “Human Life”.
CITIATION
1. Newspaper Article: -
The Hindustan Times
2. Internet Website: -
- Bar and Bench
- Indian Kanoon
3. Cases
- Aruna Shanbaug Vs. Union of India
4. Bare Act: -
- Constitution of India
- Compulsory Vaccine Act, 1892
5. WHO doctor’s opinion
