"No One Can Be Compulsorily Vaccinated": Gauhati HC Modifies Condition In State Govt SOPs For Reopening Of Schools, Colleges

Taking note of the fact that no one can be compulsorily vaccinated, the Gauhati High Court, Kohima Bench has modified the State Government's SOPs to the extent of giving an option to teaching and non teaching staff for getting compulsorily tested every 15 days if choosing not to go for vaccination in view of the reopening of schools and colleges in the State.

A division bench comprising of Justice Songkhupchung Serto and Justice S. Hukato Swu directed the Principal Secretary Home, Government of Nagaland, to modify the relevant paragraph in the two SOPs issued by the State which had originally stated that for opening of schools and colleges, the teaching and non-teaching staffs should be fully vaccinated or should have taken first dose of vaccine 15 days prior to such opening.

The development came after the bench was hearing a PIL seeking a limited prayer of modifying the said SOPs to the extent that those who choose not to be vaccinated may be given the option of being compulsorily tested every 15 days. 

"After considering the submissions of the learned counsel on this and taking into account of the fact that no one can be compulsorily vaccinated, we are of the view that the option prayed for can be granted." The Court said while disposing of the plea.

The Court was hearing the said PIL along with the suo moto case registered by the Court in view of the recent surge in covid 19 situation in the State and also to monitor various aspects concerning the pandemic situation.

The Court noted that an affidavit had been filed by the State in terms of the earlier order of the Court directing the State Government to take 'pragmatic steps' for giving priority in vaccination to the vulnerable section of the society including Shopkeepers and vegetable vendors.

However, noting that the affidavit was filed on the same date of hearing, the Court said that it will consider the aforesaid aspects on the next date of hearing.

Furthermore, the Court also directed the State to file an affidavit showing steps to contain the spread of the virus and for treatment of people who are already infected in those districts.

With the aforesaid discussions, the Court adjourned the matter for further hearing on August 18.

Additionally, observing that the third covid wave might be standing at the door if speedy vaccination is not done, the Court had earlier directed the Centre and the State Government to make available the required amount of doses in order to complete vaccination in three months.

"If the State has to fight the covid war effectively and prevent the 3rd wave coming and causing so much of suffering as the 2nd wave has done, we feel that the only way is ramping up vaccination and complete the same at the earliest. We have read and seen opinions expressed by experts in the media that the 3rd wave might be just standing at the door if vaccination is not done with speed and proper covid behaviors are not followed." The Court observed.

Title: IN-RE KOHIMA, NAGALAND VERSUS 1:THE STATE OF NAGALAND AND 5 ORS

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