Manipur High Court: The Division Bench of Sanjay Kumar, CJ. and KH Nobin Singh, J., decided on a petition which was filed challenging the notification dated 30-06-2021 issued by the Home Department, Government of Manipur and more particularly the para which stated that the State Government proposes to relax curfew/containment zone orders in future in a calibrated manner by assessing the Covid infection scenario and while opening up, without compromising public health safety, the Government considered it prudent to prioritize opening of institutions, organizations, factories, shops, markets, private offices, etc., where employees and workers were Covid vaccinated. The Government had further stated that this would also apply to NREGA job card holders and workers of Government/ private projects.
The aforestated prescriptions seemed to make vaccination mandatory as they favoured those who were vaccinated, not only in terms of prioritizing the opening up of their institutions, organizations, etc., but also by linking vaccination as a condition precedent for employment of NREGA job card holders and workers in Government and private projects.
The Court observed that State cannot seek to impose conditions upon the citizens so as to compel them to get vaccinated, be it by holding out a threat or by putting them at a disadvantage for failing to get vaccinated. Restraining people who are yet to get vaccinated from opening institutions, organizations, factories, shops, etc., or denying them their livelihood by linking their employment, be it NREGA job card holders or workers in Government or private projects, to their getting vaccinated would be illegal on the part of the State, if not unconstitutional. Such a measure would also trample upon the freedom of the individual to get vaccinated or choose not to do so.
The Court held that this paragraph would not be given effect to, even if the State resorts to any further relaxations, until the next date of hearing.
The matter further is to be heard on 28-07-2021.[Osbert Khaling v. State of Manipur, 2021 SCC OnLine Mani 234, decided on 13-07-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
