GRAND VICTORY FOR IBA AND AIM IN STUDENTS’ VACCINATION CASE
Maharashtra State Education Department’s Dy. Director issues circular on February 14, 2022 to the effect that:
Vaccine is not mandatory for students
The children and their parents must be informed about the fatal and other side effects of vaccines
Obtaining a written consent/permission from parents is a must before vaccinating students
No requirement of vaccination as a prerequisite to appear for exams
The Deputy Director of Education (Maharashtra State) Shri. Deepak Chavne, after his meeting with Awaken India Movement (AIM) team and after going through all the documents including IBA’s Notice, case laws and RTI Reply, has issued a new circular on 14th February, 2022 asking all the Divisional Directors of Education and all Education officers of Zilla Parishad, not to force any student to get vaccinated. It is further intimated that every student and his/her parent must be informed about every aspect regarding the vaccine (which includes death causing and other side effects) and students can be vaccinated only after getting written permission from parents. A copy of said letter is also marked to Dr. Sachin Pethkar, AIM, Pune.
As per Central Government’s Covid-19 Guidelines, Covid vaccination is voluntary and not compulsory. Secondly, it is mandatory to inform about the side effects of vaccines including the fatal side effects, to students and their parents before they are asked to get vaccinated. Only after getting a written consent from parents, the respective students can be vaccinated.
Hon’ble Supreme Court in Noida Entrepreneurs Vs. Noida (2011) 6 SCC 527 has made it clear that, if anything is prohibited then it cannot be done indirectly. It means that vaccination cannot be a condition for appearing for an exam or to avail any services or benefits, when it is not mandatory.The law is very well settled in Registrar General High Court of Meghalaya Vs. State of Meghalaya (2021 SCC Online Megh 130).
If any person or student is vaccinated without being informed of its side effects or if anyone is compelled to take vaccine under pressure by setting it as a condition to appear for exams or for availing any other services or benefits, then such officers will be guilty of violating fundamental rights of the citizen and also be guilty of committing criminal offences.
Such guilty officers, principal, school teacher, employer etc. will be liable to pay compensation to the victim and they will also be liable to be punished under section 420, 409, 115, 323, 336, 120(B), 109, 34 etc. of Indian Penal Code.
If any person taking vaccine dies, then such accused officials, Principal etc. will be liable for action under section 302,304-A, 120(B), 34, 109 etc. of Indian Penal Code. Section 302 is an offence of murder and has punishment up to death penalty or life imprisonment.
Download Related Documents :-
Please click here to download the copy of circular passed by Maharashtra State Education Department on February 14, 2022: