MumbaiThe Bombay High Court on Monday said that the government’s policy to prevent those who have not got the COVID-19 vaccine from traveling by local train in Mumbai. protesting, they have to prove that this policy is completely arbitrary and illogical.
A bench of Chief Justice Dipankar Dutta and Justice MS Karnik said that only on proving that such a policy is completely irrational and would “shock the conscience of the court” the court would consider it imposed by the state government on travel of local trains. would interfere with the ban. The court also said that vaccination is a “weapon” to fight COVID-19 and those who have not taken the dose are not available this shield. The bench made the observation while hearing a PIL filed by Mumbai residents Firoz Mithiborwala and Yohan Tengra.
Both the petitioners have requested the court to quash the standard operating procedure of the Maharashtra government allowing only those taking both doses of the anti-Covid-19 vaccine to travel in local trains. The petitioners’ counsel Nilesh Ojha told the court that such a restriction was discriminatory against those who have not taken the vaccine and it violates the right to equality, life and freedom of movement.
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However, earlier this month the state government had filed an affidavit saying the ban was justified and did not affect the fundamental rights to life and liberty of citizens. The state government said that it was performing its duty by imposing such restrictions or playing the role of guardian of the entire state. A high court bench on Monday referred to the government’s affidavit and asked Ojha why the court should interfere in the state policy.
The court said, “No one is saying that vaccinated people will never come in contact with COVID-19. Even the safest people have been infected. However, vaccines will act as a shield for future vaccinations. Those who haven’t vaccinated don’t have this shield.” The court will now hear the matter next on January 17.