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Constitution

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5 views

judgement

Constitution

Uploaded by

soundhryac2003
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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JUDGEMENT ( Group No.

4 –1st round )
Its time for moving on to the Judgement....

We have heard both the counsel for appellant and respondent.

The court has examined in detail the submissions were


submitted by both the parties.

W/P(Civil No 607 OF 2022) , arising out of Public interest litigation U/A 32 of Indian
Constitution.

Decided On : 14/08/2024

Petitioner. JACOB PULIYEL

v/s

Respondent. State UNION OF INDIA

Prior History : From the judgement and order dated 14/08/2024 of the Supreme Court .

The issues to be discussed here in are :-


JUDGEMENT OF THE PRECIDING OFFICER. ( JACOB PULIYEL v. UNION OF
INDIA )

With State of this case (JACOB PULIYEL v. UNION OF INDIA) are on the view that , the
state violate the basic structure of constitution under article 32 of the constitution.

The writ petition filed by the petitioner is maintainable under Article 32 of


the Constitution of India, as it raises a matter of public right or interest, and there has been a
gross violation of fundamental rights. The petitioner has established that no alternate and
efficacious remedy is available, and the Supreme Court has the power of judicial review to
address the violations of fundamental rights.

I hold that, the government's COVID-19 vaccine policy violates the petitioner's fundamental
rights, including the right to privacy, right right to informed self-determination, right to life,
right to health. The policy's lack of transparency, inadequate disclosure of information, and
restrictive access to vaccine data have hindered the petitioner's ability to make informed
decisions about their health. The government's failure to provide accurate and timely
information about vaccine availability, distribution, and adverse effects has exacerbated the
crisis, leading to confusion, mistrust, and further violations of the petitioner's fundamental
rights.

The government's actions should be guided by the principles of reasonableness, fairness, and
justice, and should prioritize individual liberty, dignity, and well-being.

The mandatory vaccination policy without proper evaluation, transparency, and informed
consent violates the petitioner's fundamental rights, including:

Right to life, right to personal liberty, right to privacy, right to bodily autonomy, right to
informed self determination

The government's actions have resulted in a gross violation of these fundamental rights, and the
petitioner has established that no alternate and efficacious remedy is available. Release
segregated trial data, minutes of meetings, and documents related to vaccine approvals. Ensure
transparency in vaccine evaluation, approval, and distribution processes. Provide accurate and
timely information about vaccine availability, distribution, and adverse effects. Reform the
policy to ensure equal access to vaccines, healthcare, and information. Protect individual
autonomy and bodily integrity by allowing informed decisions about vaccination choices.
The government's actions should be guided by the principles of reasonableness, fairness, and
justice, and should prioritize individual liberty, dignity, and well-being.

Thus in conclusion , we find that the complaints filed against respondent is


valid .Therefore the appeals are not allowed and not impugned judgement order of the Supreme
court dated on 21/03/2019 is set aside.

The Court may Adjourned

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