18 minutes agoAuthor: Ravindra Bhajani
Vaccination of as many people as possible is necessary to weaken the possible third wave of Kovid-19. For this reason, governments and companies in many states are speeding up the vaccination of employees. Now schools are opening, due to this instructions have been issued to vaccinate other staff including teachers. In some districts, the local administration has also put a condition to vaccinate the entire staff, including shopkeepers, to open the market.
But can someone be coerced into getting the vaccination? Can governments and companies make COVID-19 vaccination mandatory for their staff? Let us know what the law says on this subject-
Has the government made vaccination mandatory?
- No. In the questions and answers issued by the Union Health Ministry on vaccination, it has been clearly said that vaccination is voluntary. However, if you want to protect yourself and your family members from Kovid-19, then you must get the vaccination done. This reduces the risk of severe symptoms from a Kovid-19 infection by up to 95%.
- After the FAQs of the center, many questions are arising. Can governments and companies make vaccinations mandatory for their employees? Some companies even want to make sure that employees are vaccinated before entering the office, so that they can prevent the infection from spreading to other employees.
What does the government circular on in-office vaccination say?
- In April 2021, the Union Health Ministry issued a guideline on Kovid-19 vaccination in government and private offices. In this, companies were allowed to vaccinate employees above 45 years of age by collaborating with private Kovid-19 vaccination centers.
- After this, on 21 May 2021, the government allowed all employees above 18 years of age and their families for vaccination in offices. The ministry also made it a part of the Liberalized Pricing and Accelerated National COVID-19 Vaccination Strategy.
- As a result, many companies including Dainik Bhaskar started vaccination camps in their campuses for their employees as well as their families. Most companies have accelerated the process of fully vaccinating their employees as soon as the problem of the initial shortfall of the vaccine is resolved.
So has anyone made vaccination mandatory till now?
- Yes. Such an exercise has started in some states and in local bodies. Private companies have tried to cover most of the people by organizing vaccination camps in their offices. More emphasis is on promoting voluntary vaccination.
- Ujjain Municipal Corporation (Madhya Pradesh), Firozabad District (Uttar Pradesh) and Pimpri-Chinchwad Municipal Corporation (Maharashtra) have told employees that if they do not get the vaccine, they will not get salary.
- There have also been reports that some departments of Assam and Chhattisgarh have threatened the employees that if the vaccine is not administered, the salary will be withheld. The result of this was that even after being hesitant, these employees of the state governments got the vaccine.
But does the law allow the vaccination to be made compulsory?
- No. HR law expert Vikram Shroff and Sayantani Saha, associate at Nishith Desai Associates, say that the Meghalaya High Court in its judgment in June held that health is a fundamental right under Article 21 of the Constitution. Right to healthcare, which includes vaccination, is a fundamental right. This basic right cannot be taken away by making vaccination mandatory.
- In fact, in June 2021, the Meghalaya government had issued an order that shopkeepers, vendors, local taxi drivers and others will have to get the vaccine before starting work. A public interest litigation was also filed against this order in the Meghalaya High Court.
- To this the High Court said – “No person can be deprived of his right to livelihood. If the government has to do this in its order, then its base should be strong. When vaccination has not been made mandatory, no one can be denied his livelihood.”
- In June itself, an Indian Air Force employee got a show-cause notice for not getting the Kovid-19 vaccine. Against this notice the employee had gone to the Gujarat High Court. No decision has been taken on this. But on June 22, the High Court asked the Air Force not to take any action against the petitioner. In fact, even in the decisions of the Supreme Court, the person has been clearly given the right to choose his medication.
Has vaccination been made mandatory worldwide?
- No. Till now no country in the world has made Kovid-19 vaccination mandatory for its citizens. But now some countries like Britain, Italy have made vaccination mandatory for healthcare workers, while some countries have allowed it to companies.
- People in Fiji were not following social distancing. Wasn’t even wearing a mask. Because of this, last week the government there made the vaccine mandatory for all 9 lakh government employees. Employees will have to get at least the first dose by August 15 and the second dose by November 1. Otherwise they will be fired from the job.
- The US Equal Employment Opportunity Commission has allowed companies to make flu and other vaccines mandatory for employees. The indication is clear that companies can also get the Kovid-19 vaccine if needed. But there is also an exemption not to get the vaccine on religious grounds or on medical grounds. At this time the vaccine has not received emergency approval, so it has not been made mandatory in some states of America. The vaccine is going to be mandatory for the army in America soon.
But has any vaccine been made mandatory before this?
- Yes. It started in Britain. In 1853, the British government made the small pox vaccine mandatory. There was also a fine of 1 pound for not applying the vaccine, which is equivalent to today’s 130 pounds (about 14 thousand rupees).
- A 2018 study by McGill University found that out of 193 countries, 105 have mandated at least one vaccine. In 62 countries, there is also a provision of punishment for not applying the vaccine. In Australia, children without a vaccine are not admitted to pre-school.
- Internationally survey firm Ipsos says that 77% in Mexico, 68% in Brazil, 37% in France and 39% in Germany are in favor of making Kovid-19 vaccination mandatory.
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