Justifiability Of Mandatory Vaccination: A Critical Analysis

Shekhar Kumar, Ph.D. Scholar, RGSOIPL, IIT Kharagpur & Aishwarya Vatsa, Assistant Professor, School of Law, University of Petroleum and Energy Studies, Dehradun

ABSTRACT

The world is facing an unprecedented crisis, and so far, vaccines have been the most effective tool against the pandemic worldwide. We have come a long way, from first to second dose, and now with the talks of booster doses. Given the relevance of vaccines, its effective administration is imperative. It is crucial for the equitable dissemination of vaccines among each strata of our population. The contagious nature of virus has made it clear that the mass needs to be protected, and thus advocating the need of vaccines. Its effective distribution is impossible without rational and equitable policies that keep account of social status, needs of the citizens; their means of access, it should all be accounted for. The key lies in positive reinforcement and door-to-door programmes, instead of negative measures. We should give free ration as an incentive, rather than not distributing rations unless one is vaccinated.

The executive rules regarding mandatory inoculation have largely conflicted with the fundamental rights. The government has also filed a reply that status of the vaccination remains voluntary. The state government needs to keep check on such executive rules affecting necessities of the citizenry. Such rules are arbitrary and opposed to Rule of Law.

Keywords: Mandatory Vaccination, Right to Livelihood, Pandemic, Covid-19