By : Mansimran Kaur
The Itanagar Bench of the Gauhati High Court on Monday stayed an order issued by the Arunachal Pradesh Government wherein there was categorization between persons who have received vaccination and those who have not in order to apply for temporary work permits for the development of work only to the former category.
The Single Bench of Justice Nani Tagia prima facie found that this order is discriminatory in nature on its face value and hence in complete violation of Articles 14, 19 (1) (d) and 21 noting that the classification fails the test of intelligible differentia.
Factual Background
The order was passed pursuant to a Public Interest Litigation challenging clause 11 of an order by the Government of Arunachal Pradesh wherein it was stated that the State is providing permits for development work in the State only to those who have got themselves vaccinated.
“Tourists IPLs shall remain suspended during the period of this order, however for development works in the public and private sector; temporary permits may be issued provided such persons are vaccinated for COVID 19”.
The petitioner contended that as per the Union Ministry of Health and Family Welfare, the COVID-19 vaccine is not mandatory but voluntary. Further, the petitioners relied upon a question answered by the Health Minister in the Lok Sabha stating that,
"There is no provision for compensation for recipients of Covid-19 Vaccination against any kind of side effects or medical complication that may arise due to inoculation and the Covid-19 vaccine is entirely voluntary for the beneficiaries.”
Case of the Respondent
On the other hand, the Additional Advocate General from the side of the State stated that the restrictions are reasonable in nature and were put in place to control the surge in the cases.
Observation of the Court
The Court observed that right under Article 19(1) (d) is not absolute in nature and subjected to reasonable restrictions. However such restrictions should be reasonable in nature and in accordance with Article 14 of the Constitution of India.
The order State,
“Article 14 of the Constitution of India forbids class legislation, but does not forbid classification or differentiation which rests upon reasonable grounds distinction.”
Considering this observation, the Court found that if the sole purpose of the order issued by the Government of Arunachal Pradesh is to contain the spread of COVID-19, this order appears to be classification not based on intelligible differentia nor it is found to have rational nexus to the object sought to be achieved by such classification, namely containment and further spread of Covid-19 pandemic.
Case Details
Before: Gauhati High Court
Case Title: Madam Mili v. UIO
Coram: Hon’ble Mr. Justice Nani Tagia
Read Order ;
SOURCE ; /www.latestlaws.com/
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