Unvaccinated Persons May Move Out Of Their Residences For Essential Activities: Kerala High Court

The Kerala High Court on Wednesday observed that unvaccinated persons may move out of their residences for essential activities as per the Government Order dated 4th August issued by the State.

This development occurred in a plea that challenged the said Government Order which imposed restrictions on unvaccinated persons on the ground that the petitioner had not received vaccination due to his drug allergies. 

He had argued that this would virtually put the petitioner and other unvaccinated persons under house arrest in violation of Article 21 while others who got the 1st dose of their vaccine are allowed to leave their houses /compounds. Therefore, he alleged that this clause is arbitrary and unsustainable in law.

It had also prayed that the petitioner may be administered a test dose of the vaccine as he wished to join his son abroad, for which vaccination was mandatory.  

Justice P.B. Suresh Kumar disposed of the petition noting that the petitioner may contact the concerned authorities for the administration of a test dose of the vaccination. 

Senior Government Pleader V Manu during the proceedings produced a fresh Government order issued yesterday before the Court. The new Order read along with Clause V of the previous Order dated 4th August would imply that all persons are allowed to undertake certain essential activities, including persons who are not yet unvaccinated or have drug allergies may move out of the home. 

The Government Pleader accordingly asserted that this rectified the anxiety of the petitioner that he lives alone and cannot move out, 

Advocate Jomy K Jose appeared on behalf of the petitioner and agreed that the new government order solves one of his prayers. However, he urged that the main prayer in the petition was regarding administering a test dose of the vaccination to the petitioner who suffers from drug allergies.  

The Court enquired with the State if there was any provision to administer a test dose to people with drug allergies and about the protocol followed for such people. To this, the Government Pleader responded that the concerned authorities will take care of them. The Court recorded this and accordingly disposed of the matter.  

Case Title: Pauly Vadakan v. State of Kerala