'Don't Go By WhatsApp University': Kerala High Court Dismisses PIL Alleging Forced Vaccination Of Children

The Kerala High Court on Friday refused to entertain a Public Interest Litigation (PIL) petition that sought to prevent alleged forced vaccination of children across the State finding that the petitioner had moved the Court based on information received through social media.

A Division Bench of Justice Devan Ramachandran and Justice Sophy Thomas dismissed the plea with interesting comments after the petitioner failed to place on record any specific instance of forced vaccination of minors.

"Don't go by this WhatsApp University. You are here with a speculative cause of action. We are not going to create confusion in the minds of people." 

The Court was considering a PIL filed through Advocate T Madhavanunni alleging that school-going children would be forcibly vaccinated against COVID-19 as the Ernakulam District Collector had recently decided to conduct vaccination camps in schools.

During the hearing today, Government Pleader Bijoy Chandran submitted that the authorities only intended to earnestly call upon every parent to have their wards vaccinated before the schools reopen after the summer vacations and that no guidelines have been issued for 'forcible inoculations'. The Court recorded this submission.

"It is pertinent that not a single specific incident has been pleaded by the petitioner and he appears to be acting on some information he says he obtained through social media. None of the mainline media has reported any instance of any child being vaccinated against their will or that of their parents. We do not think a speculative cause of action as projected by the petitioner should engage us, especially during a vacation sitting." 

Since the petitioner insisted that his apprehension arose due to the decision of the District Collector to ensure vaccination of school-going children before the end of the ongoing summer vacation, the Court went through the notification. However, the Bench found no reason to presume that the consent of parents will not be required for such vaccination.

"The order of the District Collector is only an exhortation to every parent to get their children vaccinated. That doesn't mean he will forcibly take them and then get them vaccinated. Where does it say that people who are not willing will be vaccinated?" 

The Court also found it "interesting" that the petitioner had relied upon a recent Supreme Court decision in Dr. Jacob Puliyel v. Union of India where it was held that no one can be forcibly vaccinated. The Bench noted that this judgement also recognises that the decision of the Centre to vaccinate children is in tune with the global scientific consensus of expert bodies and that it is beyond the scope of any court to second guess such expert opinion.

Finding that no parent had approached the Court till now complaining of any action by the authorities to vaccinate their child forcibly, and in light of the aforesaid judgment of the Supreme Court, the PIL was dismissed.

Case Title: Thampi VS v State of Kerala

Citation: 2022 LiveLaw (Ker) 214

Click Here To Read/Download The Order