"Matter Of Fundamental Rights" - Bombay High Court Asks Maha Govt Logic Behind Denying Non-Vaxxed Local Train Travel Sharmeen Hakim16 Dec 2021 https://www.livelaw.in/news-updates/bombay-high-court-chief-secretary-covid-vaccination-discrimination-based-on-vaccination-status-187808
My Comment on Live Law: One of the reasons why those of us on the Left, get isolated from the mainstream, is because we are seen as opposing the establishment without a practical alternative and transition path to the alternative, as if the current issues can be wished away, and that the mass of people who have worked their whole life to cope within the unjust system can change over.
One such area, in the context of COVID19 is the right of those who refuse to be vaccinated. True they cannot be denied any essential service or the opportunity to public goods. But equally important is that the large number of people who have been vaccinated, do have a right to what they consiser safe spaces as well as essential services. If we do not want to alienate this large group of people who feel vulnerable when going to the market when many people are at "half-mask", we should offer visible signs of providing such spaces. In Bombay trains for example: most stations can be divided between North & South, with seperate entrances. So the idea is to mark out areas which are open, where people are more cautious as there would be non-vaccinated persons, and the areas which have entry only for persons who are vaccinated, etc. The same can be done in buses, planes. In fact I would say that the entire eco-system outside the station or airport can be demarcated. Hotels, restaurants, Business places, Hawkers.
From the government point of view rather than a negative list of containment zones, they should plan these zones as essential services corridors and concentrate its resources on sanitising these zones, and having a wide range of "containment" hotels, business places, leisure place in these zones.
My point is that when asking for the the fundamental rights of those who choose to be un-vaccinated, we should show how it can be achieved, or why the govt. who is tasked with finding a solution, is not doing so.
Press Release by Petitioners
Two Public Interest Litigations challenging vaccine mandates in Maharashtra filed by the Indian Bar Association, represented by petitioners Yohan Tengra & Feroze Mithiborwala came up for hearing today in the Bombay High Court.
Since the Central Government submitted an affidavit in the Supreme Court & Bombay High Court that no goods, service or entry into any place can be denied to those who haven't taken the vaccine, senior Advocate Nilesh Ojha appearing on behalf of Yohan Tengra pressed the court to grant an interim stay so that these illegal mandates can be brought to a halt and the violation of people's fundamental rights can end.
Advocate Tanvir Nizam who was appearing for Feroze Mithiborwala told Chief Justice Dipankar Datta that it is primary the vaccinated who are spreading the Omicron variant as currently international travel around the world is primarily allowed for those who are fully vaccinated.
The State Government asked for one weeks time to file a reply, to which the Chief Justice replied that if they will take one week then he will grant interim relief today itself. After this, the State Government agreed to file a reply in a day, and the case has been listed to come up for hearing on Wednesday 15th December.
Yohan Tengra:
Feroze Mithiborwala
John: I think that those who have been vaccinated also have a right to a system where they can be distanced from those who are not and that too out of choice.
We may need to design a "segregation system" where depending on proportionality, the open to the unvacinnated areas is marked so that whoever enters is cautious and duly notified. Such areas can be notified even for trains, and buses. Perhaps even planes! I am all for demarcating an area around airports as containment zones, and these should include all kinds of hotels, hospitals and facilities including leisure areas, so that the non-vaccinated or even those who dont get their RTPCR tests, on time, can be "contained" yet there are meetings and business areas where economic and social activity can take place under strict self-disciplined rules . In the old days we had moats around the house, which people would wade through anti-septic water, and enter.. chappal in hand.. Vaccinated people can enter these areas but they know they have to exercise caution, mask and sanitise etc. In short our approach should be to identify essential corridors and provide extra care in these areas, rather than neglect or isolate them..
Rajni: Are you serious or doing a parody
John: I have sent this to Firoze
Bala Pucl: Though Firoze'e view may be a bit extreme, I am I agreement with the tenor of the case. The government has no right to compulsorily vaccinate those who are against it, or make ordinary living extremely difficult for them! There is more advocacy than science in the efforts of those who want to vaccinate everybody as many times as they possibly can.
The story is an ever-changing one, and full of equivocations.
No pharmy company is willing to bear the financial consequences for their vaccines going wrong!