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The vaccine mandates judgment: Some reflections
1All-India Drug Action Network (AIDAN); and LOCOST Vadodara, Gujarat, INDIA.
Indian Journal of Medical Ethics
|March 7, 2023
Summary
The Supreme Court
Area of Science:
- Public Health Law
- Bioethics
- Constitutional Law
Background:
- Supreme Court's May 2, 2022 judgment on vaccine mandates.
- Reassertion of the right to privacy and Articles 14 and 21 of the Indian Constitution.
- Balancing individual rights with communitarian health protection.
Purpose of the Study:
- To scrutinize the legal arguments and validity of the Supreme Court's vaccine mandate judgment.
- To examine the judgment's impact on individual autonomy and livelihood rights.
- To assess the judgment as a safeguard against arbitrary medico-scientific decision-making.
Main Methods:
- Legal analysis of the Supreme Court's judgment.
- Examination of constitutional provisions (Articles 14, 21) and privacy rights.
- Application of the K.S. Puttaswamy judgment criteria to vaccine mandates.
Main Results:
- The judgment upholds the government's power to regulate public health but with limitations.
- Mandatory vaccination directives must not infringe on personal autonomy and livelihood.
- The judgment is viewed as a "quarter full" victory for human rights.
Conclusions:
- The order represents a significant balancing act between public health and individual liberties.
- It serves as a crucial safeguard against potential state overreach in health directives.
- Citizens have recourse against unreasonable and arbitrary medico-scientific mandates.
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