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KEY TAKEAWAYS

  • The Supreme Court on Monday postponed until November 29, 2021 the hearing on a writ petition seeking public disclosure of vaccine clinical trial data and post-vaccination data, as required by international medical norms.
  • A bench of Justices LN Rao and AS Oka made the above observation.

BACKGROUND

  • Dr. Jacob Puliyel, a former member of the National Technical Advisory Group on Immunization, filed a petition seeking orders requiring the release of all segregated trial data for each phase of vaccine trials conducted in India.
  • The petitioner clarified that the current petition is not meant to be interpreted as a challenge to the current COVID 19 vaccination programme.
  • The request asks the court to order the Central Drugs Standard Control Organization to make public the decision of the DGCI on whether to approve or deny an application for emergency use of vaccination authorisation, as well as the papers provided to the DGCI in support of the application.
  • The petition also requested that post-vaccination statistics on adverse events, immunizations that became infected with covid and required hospitalisation, and individuals who died as a result of the vaccination be made public.
  • The petition claimed that such events should be publicised using a toll-free number.
  • Furthermore, the petition sought a determination that vaccine mandates, in any form, including as a condition for receiving any benefits or services, violate citizens' rights and are illegal.
  • The petitioner also requested that no coercive mandates for the use of the improperly tested events be issued, and the courts reiterated that vaccine mandates are incompatible with persons' right to autonomy and the ability to choose what is injected into their bodies.

COURT’S OBSERVATION AND ORDER

  • Advocate Prashant Bhushan, standing for petitioner Dr. Jacob Puliyel, argued that vaccine mandates were still being issued and that people were losing their jobs, and asked the bench to hear the appeal as soon as possible.
  • The matter was then scheduled to be heard after new matters on November 29, 2021.
  • On August 9, the bench issued a notice to the Centre about the PIL. The bench refused to halt the immunisation programme and vaccine mandates, despite acknowledging that the petition addressed some important arguments.

QUESTIONS

  • Do you agree with the order given by the court?
  • Do you think there should be public disclosure of vaccine clinical trial data and post-vaccination data?

Share your views in the comments section below.

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