KOCHI: A man who could not take the COVID-19 vaccine due to an allergy has approached the Kerala High Court challenging the government order mandating a vaccination certificate or RT-PCR negative result for people to visit shops and other establishments in the state.
The petition was filed by Pauly Vadakkan of Annamanad in Thrissur. The petitioner approached a hospital to administer a test dose of the vaccine so that he can check for any allergic reactions and receive the vaccine if it is found safe for him. However, the hospital authorities rejected his request stating that they have not received any guidelines or directions from the state or the Centre regarding the administration of vaccines in drug allergic patients.
The government has issued an order stating that it would be mandatory for all those who are visiting shops and commercial establishments to be either vaccinated at least for one dose or have an RT-PCR negative certificate tested within 72 hours prior to such visits or those who have been infected and recovered from COVID-19 within one month of the visit.
The petitioner stated that the order issued under the Disaster Management Act discriminates between a vaccinated and unvaccinated person and thereby violates the fundamental right of the petitioner guaranteed under Article 14 of the Constitution of India. The restrictions imposed against unvaccinated persons are a clear violation of the fundamental right to life and livelihood. It was an undisputed fact that not even 50 per cent of the population in Kerala are vaccinated. Hence, the conditions stipulated in the order were arbitrary and unsustainable.
The government failed by not completing the vaccination and hence, unvaccinated citizens like the petitioner cannot be discriminated against arbitrarily for not taking the vaccine. The intervention of the court is needed in this issue and the petitioner sought to quash the order.
Justice PB Suresh Kumar will consider the petition on Monday.