Restrictions On Unvaccinated Persons : Kerala High Court Seeks State's Response To Plea Challenging Govt Order

The Kerala High Court on Monday sought the response of the State regarding a clause in its latest Government Order which restricts persons who have not taken COVID vaccination from going to shops and other public places.

Justice P.B. Suresh Kumar while noting that the unvaccinated petitioner resides alone and has no one in his residence to help with his daily grocery shopping, posted the matter tomorrow for further consideration.  

The plea was filed recently challenging the recent Government Order issued by the State which imposed restrictions on unvaccinated persons. Advocate Jomy K Jose appeared on behalf of the petitioner. 

He 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.

The plea further contended that it discriminates between a vaccinated and unvaccinated person and thereby violating the fundamental right to life and livelihood of the petitioner guaranteed under Article 14 of the Constitution. 

The State government had on 4th August issued an order under the Disaster Management Act, 2005, relaxing the Covid1-9 restrictions imposed in the State. Clause IV of the said order reads as such:

"Only a person who has taken at least one dose of Covid-19 vaccine before two weeks, or who are in possession of RT-PCR negative certificate taken 72 hours before or who is in possession of Covid-19 positive result more than a month old will be allowed inside (workers/visitors) in shops, markets, banks, public and private offices, financial institutions, factories, industrial establishment, open tourist spaces, and other establishments."

Case Title: Pauly Vadakan v. State of Kerala & Ors