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
| 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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