WHICH HIGH COURT ORDER SHOULD ONE FOLLOW REGARDING COVID-19 VACCINATION ? WHICH HIGH COURT ORDER SHOULD ONE FOLLOW REGARDING COVID-19 VACCINATION ?

2 years ago

WHICH HIGH COURT ORDER SHOULD ONE FOLLOW REGARDING COVID-19 VACCINATION ?
As the daily cases of Covid-19 positive (second wave) is still high in Nagaland, at the moment, most are hesitant to get vaccinated as there are high chances of getting infected with covid-19 in the vaccination centres. But the government is already sending query formats to employees seeking details about their vaccination status.

Different orders from different High Courts:
The GAUHATI HIGH COURT AIZAWL BENCH and MEGHALAYA HIGH COURT has given directions to government not to forcefully vaccinate people citing Forcible Administration of Shots Impinges on Fundamental Rights

But, the GUWAHATI HIGH COURT (GHC) KOHIMA BENCH has urged the government to ramp up vaccination process within 3 months.

Ref:
(1) Meghalaya High Court Covid-19: http://meghalayahighcourt.nic.in/sites/default/files//pil62021.pdf

(11) Guwahati High Court (GHC) Aizawl Bench : https://www.livelaw.in/pdf_upload/display-2021-07-04t174140644-396040.pdf

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You have to follow the directions of the High Court under which jurisdiction your questioned city is situated. It is called territorial jurisdiction. Background of the case is not known fully. You may approach local lawyer for more clarifications.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The order of one HC is not enforceable upon the administrative authority of the another state unless the states have one functioning HC. Although, the covid situation is unprecedented but it is not isolated to one State. Different States have different mechanisms of distributing vaccine and the corresponding accordingly rule as per the prevailing situation.
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Anik

Responded 2 years ago

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A.Hi,
The judgments of the HC are applicable only in the territorial jurisdiction of it. Therefore, the whole of one state, starting from district courts to the benches of the HC follows the precedents set by the HC.
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Vaidehi Samant

Responded 2 years ago

A.Judgements of High Court differ from State to State or bench to bench as per the circumstances of that very particular case but considering Covid 19 pandemic is real and existing situation/virus wherein one infected person can unknowingly infect many other people with Covid 19 hence it would be advisable to follow a Judgement which keeps you and people around you safe comparatively considering one's priorities whether such person's choice to not vaccinate is important for him/her or well-being of his/her near ones because ideally one's fundamental rights should not affect other's fundamental rights to life. Also query regarding such matters should be made with your trusted doctors instead of lawyers as doctors are more suitable for consulting regarding such matters pertaining to Covid 19 and vaccinations. Thank you.

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