No one can be forced to get vaccinated, vaccine trial data should be put in public domain, says Supreme Court

• The Supreme Court on Monday said that no individual can be forced to get the COVID-19 vaccine against their wish.
• The bench has also ordered that all the vaccine trial-related data, including upcoming trials, should be disclosed in the public domain.
• The new judgement came out after a petition was filed seeking disclosure of the clinical trial data of COVID-19 vaccines and a declaration that making vaccination mandatory is unconstitutional.

The Supreme Court, on Monday, May 2, ruled that no individual can be forced to get the COVID-19 vaccination against their wishes, but said that the government can regulate the bodily autonomy of individuals.

A bench of Justices L Nageswara Rao and BR Gavai passed the judgement on the basis of available material, and considering expert views on severe diseases, hospital admissions etc., and said “the current vaccine policy cannot be said to be unreasonable.”

“This court is satisfied that current vaccine policy cannot be said to be manifestly arbitrary. Considering bodily autonomy, bodily integrity is protected under article 21. No one can be forced to get vaccinated. But the government can regulate in areas of bodily autonomy,” the bench said.

The Court further added that as long as the COVID numbers are low, no restrictions should be imposed on any individual for accessing public areas. Any law preventing citizens from accessing public places without getting the jab should also be recalled.

“Till numbers are low, we suggest that relevant orders are followed and no restriction is imposed on individuals on access to public areas or recall the same if already not done,” the judgment stated.

SC orders disclosure of vaccine trial data

The bench has also ordered that all the vaccine trial-related data including upcoming trials should be disclosed in the public domain keeping the identities of the people who helped in conducting the trials anonymous.

"Regarding segregation of vaccine trial data, subject to privacy of individuals, all trials conducted and to be subsequently conducted, all data must be made available to the public without further delay," the judgment said.

The new judgement came out after a petition was filed by Dr. Jacob Puliyel, who is a former member of the National Technical Advisory Group, seeking disclosure of the clinical trial data of COVID-19 vaccines, and calling mandatory vaccination unconstitutional.

The plea filed by Puliyel also alleged that the vaccines currently being administered have not been adequately tested for safety or efficacy and are now licensed under emergency use authorisation without the data being disclosed to the public.

"In India, the manner in which the vaccines have been licensed vitiates and even precludes the possibility that the vaccines can be evaluated objectively in the future," the petition had stated.

India has so far inoculated 1.89 billion people and administered over 4 lakh people in the last 24 hours, according to the data by the Ministry of Health and Family Welfare.

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