No one can be coerced into taking the vaccine, the Supreme Court said today in a historic judgement on India’s COVID vaccine programme, also ordering the central government to publish reports on the adverse effects of vaccination.

“Bodily integrity is protected under the law and nobody can be forced to be vaccinated,” the Supreme Court stated. However, the court stated that “certain limitations on individual rights” may be imposed for the sake of communal health.

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“Barring Covid-appropriate behaviour, we suggest no curbs on unvaccinated individuals in access to public places, services, and resources if cases are low,” the Supreme Court said.

Individual restrictions imposed by vaccine mandates cannot be termed reasonable, according to the court, referring to numerous jurisdictions requiring people to acquire the Covid shot in order to enter public spaces. “Till infection numbers are low we suggest that no restriction is imposed on individuals on access to public places, services, and resources. Recall the same if already done,” the Supreme Court order stated.

Supreme Court Justices LN Rao and BR Gavai stated that their orders did not cover Covid-appropriate behaviour, but only vaccines in a “rapidly evolving situation.”

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The Supreme Court also ordered the Centre to publish information on vaccine-related adverse events from consumers and doctors on a publicly accessible system, while protecting the identities of those who submit them.

“Regarding segregation of vaccine trial data, subject to the privacy of individuals, all trials already conducted and to be subsequently conducted, all data must be made available to the public without further delay,” the order added.

The court order also stated, “Regarding vaccine for children, it is not possible for us to second guess the opinion of experts and the vaccination indeed follows the global standards and practices. However, data of adverse reactions should be published at the earliest.”

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A petition filed by Jacob Puliyel, a former member of the National Technical Advisory Group on Immunisation (NTAGI), contended that states mandating vaccination for access to benefits or services violate citizens’ rights and are thus unlawful. According to the petition, many jurisdictions have made immunizations mandatory for state government employees, public transportation, and access to subsidised food grains.

The petition demanded that clinical trial data for Covid vaccines be made public, claiming that vaccines being administered had not been thoroughly studied for safety or efficacy and had been licenced under emergency use authorization without trial data being made public.

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In court, the Centre contended that the petition was “against national interest” and would lead to vaccine reluctance. It also stated that vaccination is voluntary, although states have imposed mandates “based on potential hazards.”

Vaccine manufacturers such as Adar Poonwalla’s Serum Institute of India and Bharat Biotech informed the court that all trial data was previously public. Tamil Nadu, Maharashtra, and Madhya Pradesh defended their vaccine mandates, claiming that they are necessary for everyone’s safety, particularly those who use public areas and transportation.