TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    DU Vice-Chancellor says Army bands should stop playing Iqbal’s “Sare Jahan Se Achha”

    DU Vice-Chancellor says Army bands should stop playing Iqbal’s “Sare Jahan Se Achha”

    Lula Victory Is No Defeat for Modi: Indian Left’s Political Spin Exposed

    Lula Victory Is No Defeat for Modi: Indian Left’s Political Spin Exposed

    Christian Massacre in Ethiopia evokes Horror

    Christian Massacre in Ethiopia evokes Horror

    Farooq Abdullah’s Pakistan Remark Sparks Kashmir Row

    Farooq Abdullah’s Pakistan Remark Sparks Kashmir Row

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Crypto News: Bitcoin Falls Below $80,000 With the Fed Meeting in Focus

    Crypto News: Bitcoin Falls Below $80,000 With the Fed Meeting in Focus

    Earn Better Returns on Your Fixed Deposit with the JioFinance App

    Earn Better Returns on Your Fixed Deposit with the JioFinance App

    How instant challan status visibility is cutting late fees and disputes

    How instant challan status visibility is cutting late fees and disputes

    The Crypto Gaming Boom: How Online Casinos Are Evolving in 2026

    The Crypto Gaming Boom: How Online Casinos Are Evolving in 2026

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why India is buying Light Multi-Role Helicopters, and what the armed forces fly in this class today

    Why India is buying Light Multi-Role Helicopters, and what the armed forces fly in this class today

    India, Indonesia begin joint Special Forces exercise Garuda Shakti in Banyuwangi

    India, Indonesia begin joint Special Forces exercise Garuda Shakti in Banyuwangi

    SIMBEX-2026 concludes at Visakhapatnam; India, Singapore navies strengthen maritime ties

    SIMBEX-2026 concludes at Visakhapatnam; India, Singapore navies strengthen maritime ties

    Army debunks AI-manipulated video of Lt Gen Girish Kalia; says China “control” claim is false

    Army debunks AI-manipulated video of Lt Gen Girish Kalia; says China “control” claim is false

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Explained: What is the UNSC veto, and what has India said about it?

    Explained: What is the UNSC veto, and what has India said about it?

    Jordan Tightens Security After Church Shooting Kills Eight as Search for Gunmen Continues

    Jordan Tightens Security After Church Shooting Kills Eight as Search for Gunmen Continues

    The River Pakistan Drained

    The River Pakistan Drained

    Iran’s reported Gulf cable strike plans threaten regional internet, banking and AI ambitions

    Iran’s reported Gulf cable strike plans threaten regional internet, banking and AI ambitions

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    What Is Heel-to-Toe Drop in Running Shoes, and Does It Affect Your Running?

    What Is Heel-to-Toe Drop in Running Shoes, and Does It Affect Your Running?

    What Should You Check Before Buying the Best-Rated Pre-Workout Drink?

    What Should You Check Before Buying the Best-Rated Pre-Workout Drink?

    Mobile Application Architecture and Digital Entertainment Infrastructure in India

    Mobile Application Architecture and Digital Entertainment Infrastructure in India

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    DU Vice-Chancellor says Army bands should stop playing Iqbal’s “Sare Jahan Se Achha”

    DU Vice-Chancellor says Army bands should stop playing Iqbal’s “Sare Jahan Se Achha”

    Lula Victory Is No Defeat for Modi: Indian Left’s Political Spin Exposed

    Lula Victory Is No Defeat for Modi: Indian Left’s Political Spin Exposed

    Christian Massacre in Ethiopia evokes Horror

    Christian Massacre in Ethiopia evokes Horror

    Farooq Abdullah’s Pakistan Remark Sparks Kashmir Row

    Farooq Abdullah’s Pakistan Remark Sparks Kashmir Row

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Crypto News: Bitcoin Falls Below $80,000 With the Fed Meeting in Focus

    Crypto News: Bitcoin Falls Below $80,000 With the Fed Meeting in Focus

    Earn Better Returns on Your Fixed Deposit with the JioFinance App

    Earn Better Returns on Your Fixed Deposit with the JioFinance App

    How instant challan status visibility is cutting late fees and disputes

    How instant challan status visibility is cutting late fees and disputes

    The Crypto Gaming Boom: How Online Casinos Are Evolving in 2026

    The Crypto Gaming Boom: How Online Casinos Are Evolving in 2026

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why India is buying Light Multi-Role Helicopters, and what the armed forces fly in this class today

    Why India is buying Light Multi-Role Helicopters, and what the armed forces fly in this class today

    India, Indonesia begin joint Special Forces exercise Garuda Shakti in Banyuwangi

    India, Indonesia begin joint Special Forces exercise Garuda Shakti in Banyuwangi

    SIMBEX-2026 concludes at Visakhapatnam; India, Singapore navies strengthen maritime ties

    SIMBEX-2026 concludes at Visakhapatnam; India, Singapore navies strengthen maritime ties

    Army debunks AI-manipulated video of Lt Gen Girish Kalia; says China “control” claim is false

    Army debunks AI-manipulated video of Lt Gen Girish Kalia; says China “control” claim is false

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Explained: What is the UNSC veto, and what has India said about it?

    Explained: What is the UNSC veto, and what has India said about it?

    Jordan Tightens Security After Church Shooting Kills Eight as Search for Gunmen Continues

    Jordan Tightens Security After Church Shooting Kills Eight as Search for Gunmen Continues

    The River Pakistan Drained

    The River Pakistan Drained

    Iran’s reported Gulf cable strike plans threaten regional internet, banking and AI ambitions

    Iran’s reported Gulf cable strike plans threaten regional internet, banking and AI ambitions

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    Delhi Ramlila to burn 30-foot cockroach effigy alongside Ravana amid CJP protests

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    How to Choose the Right Online Degree at Apna Advantage for Your Career Goals

    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    Solar Hybrid Inverter for Homes with Frequent Power Cuts: How Does It Work?

    What Is Heel-to-Toe Drop in Running Shoes, and Does It Affect Your Running?

    What Is Heel-to-Toe Drop in Running Shoes, and Does It Affect Your Running?

    What Should You Check Before Buying the Best-Rated Pre-Workout Drink?

    What Should You Check Before Buying the Best-Rated Pre-Workout Drink?

    Mobile Application Architecture and Digital Entertainment Infrastructure in India

    Mobile Application Architecture and Digital Entertainment Infrastructure in India

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

2022, Jacob Puliyel vs. Union of India: Supreme Court dictum on mandatory Covid vaccination

Shivam Jaiswal by Shivam Jaiswal
4 December 2022
in Law
2022, Jacob Puliyel vs. Union of India: Supreme Court dictum on mandatory Covid vaccination
Share on FacebookShare on X

We, as humans, have been dominating the planet from time immemorial, but a teensy-weensy virus showed us our place. The past few years have been tremendously challenging for the human race. As per the WHO’s estimates, nearly 15 million people have succumbed to the novel Corona virus in the past two years, including 4.7 million in India.

But we, as a sophisticated piece of life, haven’t seen fit to learn a lesson; we are too busy trying to figure out the economics of life. Even the impact of the novel Corona virus and its vaccination have been reduced by economics and debates.

RelatedPosts

Supreme Court: Bar Council of India Has No Power to Discipline Law Students, Only Enrolled Advocates

FSSAI moves to red-flag junk food, under pressure from the Supreme Court

Ram Mandir Donation Probe Faces Fresh Scrutiny

Load More

In line with our “cost and benefit attitudes,” the “Covid-sponsored” vaccine-enabled “way of life” has been subjected to judicial scrutiny by way of public interest litigation in the case of Jacob Puliyel vs. Union of India.

The Supreme Court was entrusted with the judicial review of the vaccination drive, restrictions, and mandatory protocols imposed by the government with the view to curtail the COVID-19 virus. Hailing the matter as being of public interest, the writ was filed by Dr. JACOB PULIYEL.

Also read: 1987, D.C. Wadhwa v. the State of Bihar: When Supreme Court schooled Bihar administration about Constitution

The petitioner, who happened to be a former member of the National Technical Advisory Group on Immunization (NTAGI), highlighted some key issues regarding:

  1. Adverse consequences of emergency approval of vaccines in India.
  2. The need for transparency in publishing vaccine-specific clinical trial data, the need for clinical data disclosure.
  3. Lack of transparency in the approval process, and
  4. Vaccine mandates in the absence of informed consent, amounting to constitutional violations.

The petitioner further stated in the Writ Petition that coercive vaccination would result in interfering with the principle of informed self-determination of individuals, protected by Article 21 of the Constitution of India.

Preliminary Issues

Before going into the legal sanctity of the vaccination mechanism, the petition was challenged by the government on two technical grounds:

  1. Maintainability of the Petition

Firstly, the learned Solicitor General questioned the Writ Petition’s viability, stating that any observation made by this Court against vaccination would result in a potential threat of vaccine hesitancy, and would harm the public interest.

  1. Judicial review of executive decisions based on expert opinion

Secondly, the learned SGI mentioned that the Court should yield to executive decision and action in the matter of the administration of drugs and vaccines. He placed reliance on the dicta of three cases.

  1. Academy of Nutrition Improvement v. Union of India;
  2. Sundarrajan v. Union of India and
  3. Shri Sitaram Sugar Company Ltd. v. Union of India

Further, the learned Solicitor General relied upon the judgments of the Supreme Court of the United States in Henning Jacobson v. Commonwealth of Massachusetts, and Zucht v. King.

Also read: 1994, R. Rajagopalan vs state of Tamil Nadu: When Judiciary closed the lid on government’s fear mongering

Question of law:

The Apex Court identified three prominent issues for the purpose of determination in this matter.

  1. First, if the vaccine mandate violates Article 21 of the India’s Constitution?
  1. Secondly, if Non-disclosure of segregated clinical trial data in the public domain amounts to uninformed consent,
  2. Thirdly, if denial of public utility services on the basis of vaccination status amounts to a violation of constitutional rights,

Decision of the Bench

In this landmark ruling on the COVID-19 vaccination drive, the bench of Justice L. Nageswara Rao and Justice BR Gavai has held that bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated.

The Court, however, cautioned that judgment is not to be construed as impeding, in any manner, the lawful exercise of power by the executive to take suitable measures for the prevention of infection and transmission of the virus in the public interest.

The measure may also take the form of restrictions on unvaccinated people in the future if the situation so warrants. However, liberty can be curtailed subject to constitutional scrutiny after meeting the threefold requirement against intrusion into the rights of individuals.

Also read: 2018, Joseph Shine vs. Union of India: The assault over institution of marriage

Is the Vaccination Drive arbitrary?

On the question of the vaccination drive being arbitrary, the apex court looked into the expert’s opinion. The court held that the substantial material reflects the near-unanimous views of experts on the benefits of vaccination in addressing severe disease from infection, reduction in oxygen requirement, and hospital and ICU admissions.

The Court was satisfied that the current vaccination policy of the Union of India is informed by relevant considerations and cannot be said to be unreasonable or manifestly arbitrary, as it was capable of curtailing the mortality and spread of the virus.

On personal autonomy and public health

On the question of personal autonomy, the court ruled that bodily integrity is protected under Article 21 of the Constitution of India and no individual can be forced to be vaccinated.

Furthermore, personal autonomy of an individual was held to include the right of an individual to determine how they should live their own lives, which consequently encompassed the right to refuse any medical treatment in the sphere of individual health.

Subsequently, the court ruled that people who do not want to be vaccinated due to personal beliefs or preferences can do so without anyone physically compelling them to.

On the contrary, the court observed that if there is a likelihood of such individuals spreading the infection to other people, contributing to the mutation of the virus, or burdening the public health infrastructure, thereby affecting communitarian health at large, their liberty can be curtailed.

The court pointed out that the protection of the populace is undoubtedly the legitimate state goal in imposing these restrictions and are of paramount significance in this collective battle against the pandemic. Therefore, Governments can regulate such public health concerns by imposing certain limitations on individual rights that are reasonable and proportionate to the object sought to be fulfilled.

Also read: Ismail Farooqui vs Union of India – When Supreme Court blew the lid off Indian secularists

On the non-disclosure of segregated clinical trial data in the public domain

Furthermore, the court held that a challenge to the procedures used by reputable institutions when granting regulatory approval to vaccines on the ground of lack of transparency could not be entertained.

However, subject to the protection of the privacy of individual subjects and to the extent permissible by the 2019 Rules, the relevant data that were required to be published under the statutory regime and the WHO Statement on Clinical Trials shall be made available to the public without undue delay.

Therefore, the Supreme Court accepted the prayer of Dr. Puliyel that mandatory administration of vaccines cannot be enforced as it is against the citizens’ right to autonomy and the right to self-determine as to what may be injected into their bodies.

The Apex Court’s decision can thus be said to be inspired by the words of American polymath Benjamin Franklin, who said, “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=A2BVPUXjZPs

Tags: Article 21India vaccinationJudicial reviewJustice BR GavaiJustice L. Nageswara RaoSupreme CourtSupreme Court JudgementVaccination Drivewrit petition
ShareTweetSend
Previous Post

Most people watched ‘Birdman’ but very few understood it

Next Post

Musk exposes global left cabal. It’s time for Twitter India files now

Related Posts

Ram Manohar Lohia case
Law

When Ram Manohar Lohia took on Nehru over the First Amendment and won

12 October 2026

Ram Manohar Lohia case: When we talk about Ram Manohar Lohia, discussions always move towards the socialist leader attacking...

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

India Built Rudra and Prachand. Now It Wants to Make Their Gun at Home.

India Built Rudra and Prachand. Now It Wants to Make Their Gun at Home.

00:03:14

INS Samarthak: The Indigenous Warship Built to Do More Than One Job VO:

00:03:01

Why Is India Investing in Underwater Weapons?

00:02:10

How DRDO Is Making India's Military Communications More Secure

00:03:28

How Ice on Aircraft Wings Can Turn Deadly

00:03:19
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited