Kerala HC upholds Government’s measure to render certain advantages to vaccinated students & staff of educational Institutions in times of pandemic, says it does not impinge on ‘Right to life’ under Article 21

Read Judgment: Sanil Narayanan vs. State of Kerala

Pankaj Bajpai

Kochi , October 27, 2021: The Kerala High Court has observed that the right to life, guaranteed under Article 21 of the Constitution, does not in any manner affect the authority of the executive to take measures to restore normalcy to life in times of pandemic. 

Merely for the reason that the Circular issued by the Director of General Education gives certain advantages to the vaccinated, such measures cannot be challenged as discriminatory by the unvaccinated, added the Bench of Justice P.B Suresh Kumar. 

The observation came pursuant to a petition instituted by a few school teachers and students in the State of Kerala challenging a circular issued by the Director of General Education, insisting the teachers, students and other staff members of the schools in the State to take two doses or at least one dose of the Covid vaccine. 

It was contended on behalf of the petitioners that the vaccine is not compulsory and the right to life guaranteed to them under Article 21 of the Constitution of India, especially the right to privacy available to the petitioners also gives them freedom to abstain from taking the vaccine. 

Opposing the same, as regards the merits of the matter, it was argued by the Government Pleader that no fundamental right is absolute and in the interest of general public, reasonable restrictions can be imposed by the Government. 

According to the Government Pleader, the measures taken in terms of the impugned order and circulars are only those taken in public interest to suppress the spread of Covid-19. It was also argued that the rights of individuals are always subservient to public interest and the directions contained in the circulars being directions issued in public interest, they cannot be impugned on the ground of violation of fundamental rights of the individuals.

After considering the arguments, the High Court opined that where there is a clash of two fundamental rights, the right which would advance the public morality or public interest, would alone be enforced through the process of Court. 

Quoting the decision in the case of G. Sundarrajan v. Union of India , the High Court reiterated that larger public interest of the community should give way to individual apprehension of violation of human rights and right to life guaranteed under Article 21. 

Accordingly, the High Court dismissed the petition and upheld the Government Order directing that students, teachers and other staff members who have taken two doses of Covid-19 vaccine or one dose of the vaccine before two weeks and those who have recovered from Covid-19 infection within the previous 90 days, shall be permitted to enter the educational institutions and their hostels.