Criminal Writ Petition to Quash Mandatory Vaccinations for Mumbai Local Train Travel, which is Discriminatory, Illegal, Unconstitutional &Violative of Fundamental Human Rights

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Criminal Writ Petition to Quash Mandatory Vaccinations for Mumbai Local Train Travel, which is Discriminatory, Illegal, Unconstitutional & Violative of Fundamental Human Rights

A Writ Petition is filed in the Bombay HC against the unscientific, illogical, arbitrary and unconstitutional circulars issued by the Government of Maharashtra regarding Mandatory Vaccine for Train Travel from the 15thAugust 2021 onwards, as well as requirement to work in shops and restaurants, to enter malls, along with the requirement of Mandatory RT-PCR or 2 doses of Vaccination to enter the state.

The petitioner has prayed for quashing the impugned circulars and for directing prosecution of officials of State of Maharashtra under section 55, 56, 58 of Disaster Management Act, 2005 and sections 188, 166, 120(B) and 34 of Indian Penal Code for acting against the directions of Central Government and Supreme Court of India.

Vaccination is completely voluntary as per the statement of the Government of India as stated in the Parliament on 19thMarch 2021 – “There is no provision of compensation for recipients of Covid-19 vaccine against any kind of side effects or medical complications that may arise due to inoculation. The Covid-19 vaccination is entirely voluntary for the beneficiary”. The Government of India has clarified the same in multiple RTIs (Right to Information) on this issue as well.

There are various High Court Judgments from states like Guwahati, Meghalaya, Mizoram, Arunachal Pradesh and Nagaland, which have ruled that vaccination cannot be made mandatory as a condition to access jobs, travel, educational institutions, public places, as there is no difference between a vaccinated person and unvaccinated person. Prior to the current Covid-19 crisis, the Delhi High Court and Kerala High Court have both ruled that vaccines cannot be made mandatory.

Supreme Court had clarified that when anything is prohibited, then it is not allowed to be done indirectly.

Covid-19 vaccines are experimental, cause a wide variety of serious adverse events and deaths, and have not yet completed Phase 3 trials, thus making them experimental. These vaccines have been approved under Emergency Use Authorization. Hence any requirement to make these mandatory in order to access public places or ways to travel, is unconstitutional and void ab initio.

Recent scientific evidence and data from all over the world, including India, show that fully vaccinated people with 2 doses can and do spread and transmit the virus, as well as contract it, get seriously ill from it, and die from it. The vaccines do not stop infection or transmission of Sars-Cov-2, hence there is no basis for the Government to mandate these on the grounds of public health. More than 40,000 breakthrough cases amongst the vaccinated have been found in the State of Kerala alone, a few days ago.

On the other hand, there is solid scientific evidence that naturally acquired immunity developed after being exposed to the virus, is far superior than vaccine derived immunity, and that such immunity lasts for months and even years after getting infected. Yet the government has not made any provisions in their circulars for people who have contracted the Novel Corona Virus and have developed natural immunity. The latest Serological Survey conducted by the Government of India found that Covid-19 antibodies have been detected in 67.6% of the population. Hence the Indian population has developed herd immunity.

Asymptomatic people do not possess the capability to infect others and the idea of asymptomatic transmission is scientifically bogus. The RT-PCR test as well as RAT test, both have a high rate of false positives. The gold standard test known as “Virus Culture” exists, which can definitely tell us if someone is carrying live infectious virus in them or not, but the government is not using this test. People can test positive with the RT-PCR or RAT tests months after being cured from any infection, as these tests are picking up dead fragments of the virus, and not the whole infectious virus. Hence asymptomatic people need to be stopped being tested, and only people with covid symptoms should be tested, with testing changed in line with scientific evidence.

We urge the media & our fellow Mumbaikars to spread awareness about the points and facts raised in these petitions, and raise their voice together against these unscientific and unconstitutional circulars issued by our Government. The petitioners have prayed that the circulars be quashed, and demand the prosecution of the State officers that have issued these unconstitutional circulars.

A joint Press Note by Indian Bar Association and Awaken India Movement (National Steering Committee) has been issued to this effect on 15th August 2021.

Download the petition by clicking the link below:

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