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2022 Supreme(SC) 396

SUPREME COURT OF INDIA
L. NAGESWARA RAO, B.R. GAVAI, JJ.
Jacob Puliyel – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition (Civil) No. 607 of 2021
Decided On : 02-05-2022

Advocates appeared:
For the Petitioner(s):Prashant Bhushan, Cheryl D’Souza, Advocates
For the Respondent(s):Aishwarya Bhati, Ld. ASG Ketan Paul, Aman Mohiyal, Shivika Mehra, Ameyavikrama Thanvi, Rajat Nair, Kanu Aggarwal, Mayank Pandey, Gurmeet Singh Makker, S.Guru Krishnakumar, Vipin Nair, P.B. Suresh, Sughosh Subramanyam, Arindam Ghosh, Agnish Aditya, Karthik Jayshankar, Prakash Baghel, Malvika Kapila, Shyel Trehan, Hitesh Jain, Malvika Kapila, Monisha Mane Bhangale, Warisha Parkar, Bhagya Yadav, Tanwangi Shukla, Mrinal Gopal Elker, Rahul Chintis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Jyoti Mendiratta, Amit Anand Tiwari, Joseph Aristotle S., Mary Mitzy, Devyani Gupta, Tanvi Anand, Nupur Sharma, Shobhit Dwivedi, Sanjeev Kumar Mahara, Shailesh Madiyal, Meenakshi S. Kamble, Hitesh Kumar Sharma, S.K. Rajora, Akhileshwar Jha, Kavita S. More, Amit Kumar, Ajay Bansal, Gaurav Yadava veena Bansal, Advocates

Headnote:(A) Fundamental Rights - Article 21 - Public Health - Vaccine Mandates - The court addresses the petitioner's claims regarding vaccine mandates, asserting that an individual cannot be coerced into vaccination without violating personal autonomy and bodily integrity, which are protected under Article 21. The court emphasizes the need for transparency regarding clinical trial data and adverse events associated with vaccines, while ruling that vaccinations cannot be made a precondition for accessing services. The court directs that segregated clinical trial data be made available to the public within constraints of privacy, assessing maintainability of the petition as justified given the public interest involved. (Paras 1-90)

(B) Judicial Review - Vaccine Approval Process - The court asserts that the executive's decisions, especially relating to public health based on expert opinion, are generally not suitable for judicial review unless manifestly arbitrary. Emphasis is placed on respecting the expertise of health officials involved in vaccine approvals. (Paras 12, 17, 18, 91)

Facts of the case:
The petitioner, a former member of a vaccination advisory committee, challenges mandatory vaccination policies, arguing they violate individual rights and are not supported by public health data correlating efficacy with current COVID-19 variants. The Union of India contends that vaccination is voluntary yet has implemented restrictions for unvaccinated persons to mitigate public health risks. (Paras 1-10)

Findings of Court:
The court finds that while bodily autonomy is a fundamental right, the government can impose certain limitations for public health, provided they are reasonable and proportionate. The current vaccination policies align with expert guidelines and aim to protect public health amidst the pandemic. The court also identifies the necessity of reviewing restrictions on unvaccinated individuals due to emerging data on transmission risks. (Paras 11-89)

Issues: The court evaluates whether vaccine mandates violate constitutional rights, the need for state transparency on clinical data, and the effectiveness of vaccine mandates in light of natural immunity data. (Paras 1, 26, 29, 41, 51, 60)

Ratio Decidendi: The conclusion emerges that while individuals first hold the right over their health decisions, the government holds the legitimate aim of regulating public health through reasonable mandates that preserve life. The court outlines a threefold test for any future health-related mandates impacting personal liberties. (Paras 41, 50).

Result: The writ petition is upheld with directions for the Union of India regarding data transparency and considerations for vaccine mandates for individuals. (Paras 89-90)

Table of Content
1. petitioner's request for vaccine data transparency (Para 1 , 2 , 3)
2. arguments regarding vaccine safety and mandates (Para 4 , 5 , 6)
3. maintainability of writ petition concerning public interest (Para 8 , 9 , 10)
4. judicial scrutiny of executive decisions on vaccine mandates (Para 11 , 12 , 13)
5. arguments relating to individual rights and public health (Para 26 , 27 , 30)
6. need for transparency in clinical trial data of vaccines (Para 56 , 57 , 58 , 64)
7. impact of vaccine mandates on individual autonomy (Para 59 , 62 , 63)
8. court’s concluding remarks and disposition of writ (Para 89 , 90 , 91)

JUDGMENT :

L. Nageswara Rao, J.

1. The Petitioner was a member of the National Technical Advisory Group on Immunization (NTAGI) and was advising the Government of India on vaccines. He has filed this Writ Petition in public interest seeking the following reliefs:

    “(a) Direct the respondents to release the entire segregated trial data for each of the phases of trials that have been undertaken with respect to the vaccines being administered in India; and

    (b) Direct the respondent No 2 to disclose the detailed minutes of the meetings of the Subject Expert Committee and the NTGAI with regard to the vaccines as directed by the 59th Parliamentary Standing Committee Report and the members who constituted the committee for the purpose of each approval meeting; and

    (c) Direct the respondent No.2 to disclose the reasoned decision of the DCGI granting approval or rejecting an application for emergency use authorization of vaccines and the documents and reports submitted to the DCGI in support of such application; and

    (d) Direct the respondents to disclose the post vaccination data regarding adverse events, vaccinees who got infected with Covid, those who needed hospitalization and those who died after such infection post vaccination and direct the respondents to widely publicize the data collection of such adverse event through the advertisement of toll free telephone numbers where such complaints can be registered; and

    (e) Declare that vaccine mandates, in any manner whatsoever, even by way of making it a precondition for accessing any benefits or services, is a violation of rights of citizens and unconstitutional; and

    (f) Pass any other orders as this Hon'ble Court deems fit.”

2. In the Writ Petition, the Petitioner highlighted the adverse consequences of emergency approval of vaccines in India, the need for transparency in publishing segregated clinical trial data of vaccines, the need for disclosure of clinical data, lack of transparency in regulatory approvals, minutes and constitution of the expert bodies, imperfect evaluation of Adverse Events Following Immunisation (AEFIs) and vaccine mandates in the absence of informed consent being unconstitutional. The Petitioner further stated in the Writ Petition that coercive vaccination would result in interfering with the principle of informed self-determination of individuals, protected by Article 21 of the Constitution of India.

3. Notice was issued in the Writ Petition on 09.08.2021. An additional affidavit was filed by the Petitioner on 03.09.2021 raising additional grounds. It was averred in the additional affidavit that natural immunity is long-lasting and robust in comparison to vaccine immunity and that vaccines do not prevent infection or transmission of COVID-19. The Petitioner further stated that vaccines are not effective in preventing against infection from new variants of COVID-19. The Petitioner relied on news articles on the fourth nationwide serological survey conducted by Indian Council of Medical Research (ICMR) in June and July, 2021, according to which up to two-thirds of the Indian population above the age of 6 years had already been infected with COVID-19 and had antibodies specific to the SARS-CoV-2 virus. The Petitioner relied upon other news articles and research studies conducted to state that there had been breakthrough infections even amongst vaccinated p


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