The Union Government told the Top Court that no person can be vaccinated without prior consent



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The Union Government has informed the apex court that COVID-19 vaccination is of larger public interest in view of the ongoing pandemic situation but no person can be forced to be vaccinated against their wishes.

On the issue of exempting persons with disabilities from producing vaccination certificates, the Centre told the apex court that it has not issued any SOP that makes it mandatory to carry the vaccination certificate for any purpose.

"The direction and guidelines released by government of India and Ministry of Health and Family Welfare, do not envisage any forcible vaccination without obtaining the consent of the concerned individual. It is further submitted that vaccination for COVID-19 is of larger public interest in view of the ongoing pandemic situation. It is duly advised, advertised and communicated through various print and social media platforms that all citizens should get vaccinated and systems and processes have been designed to facilitate the same. However, no person can be forced to be vaccinated against their wishes," the affidavit of Centre stated.

In response to suggestions regarding Care providers being treated as essential workers, the Centre has submitted that the Government of India in its letter dated 22.09.2021 has advised all States and UTs to vaccinate bedridden or beneficiaries with extremely restricted mobility or disability and/or special needs along with their caregivers at their place of residence using mobile vaccination teams.

In response to the suggestion regarding the Co-WIN app and portal being made fully accessible, the Government of India has submitted that it is already implementing features in the Co-WIN portal to make it more accessible to persons with disabilities. 

It has been submitted that the Government of India has formulated Operational Guidelines for COVID-19 vaccination, according to which all beneficiaries are to be informed about adverse events which may occur after the COVID-19 vaccine.

The government of India in its letter dated September 22, 2021, has advised all States and Union Territories to vaccinate bedridden or beneficiaries with extremely restricted mobility or disability and/or special needs along with their caregivers at their place of residence using mobile vaccination teams, it added.

The Union of India has informed the Court that a total of 23678 doses have been administered to disabled persons who have voluntarily chosen to be identified as such by using their Unique Disability ID Card/Disability Certificate for registration at the time of their vaccination.

The Health ministry finally said that "it is duly advised, advertised and communicated through various print and social media platforms that all citizens should get vaccinated and systems and processes have been designed to facilitate the same."