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Supreme Court of India 2022-05-02 disposed

JACOB PULIYEL vs UNION OF INDIA & ORS

Bench: 2 — L. Nageswara Rao, B. R. Gavai

In Brief

In this public interest writ petition, a former NTAGI member challenged COVID-19 vaccine mandates, seeking disclosure of clinical trial data and questioning vaccination policy. The Supreme Court held that bodily integrity under Article 21 protects individuals from forced vaccination, but the government may impose reasonable, proportionate restrictions on unvaccinated persons' rights to protect communitarian health. However, the Court found vaccine mandates restricting unvaccinated individuals' access to public places were not proportionate, as evidence showed unvaccinated and vaccinated persons posed similar transmission risks with the Omicron variant. The Court upheld the government's vaccination policy as reasonable and guided by expert opinion, and found the clinical trial disclosure and AEFI surveillance systems adequate. The petition was disposed of with directions for facilitating self-reporting of adverse events.

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Constitutional Law Public Health Fundamental Rights Vaccine Policy Personal Autonomy Article 21 COVID-19 Judicial Review Medical Regulation Informed Consent Adverse Drug Reactions Pharmacovigilance

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