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Calcutta High Court dismisses PIL on Covid-19 vaccination efficacy

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The Calcutta High Court has dismissed a PIL filed with the reference to certain highly technical issues pertaining to Covid-19 vaccination, where the court refused to say anything on the efficacy of the Covid-19 vaccine.

A Division Bench of Acting Chief Justice Rajesh Bindal and Justice Rajarshi Bharadwaj opined on October 4 that the present case does not call for interference by the High Court as there is no expertise available to comment on the effectiveness of the vaccines or its side-effects as is sought to be argued by learned Counsel for the petitioners.

The PIL has been filed by Poulomee Mukherjee and others challenging the effectiveness of the vaccination on various categories of persons with reference to their age, the pregnant or lactating women and others.

The petitioners argued that the directions issued by the State for restrictive activities of the people and forcing them to have vaccination is in violation of Article 21 of the Constitution of India.

On the other hand, the Advocate General submitted, “Studies are being conducted at the national and international levels and whatever is best possible in larger public interest is being implemented. The studies have clearly shown that persons who have taken the vaccination have been affected less and if affected, have not suffered serious consequences. The petitioners could not invoke jurisdiction of this Court to raise the issues which are highly technical and fall within the domain of experts in the field.”

“The expert bodies at the national and international level are examining the issues after carrying out extensive research and data collection and whatever is in the best interest of the nation is being implemented as a policy. The issues cannot be examined by the Court. Accordingly, we do not find any merit in the present petition and the same is dismissed”, the order reads.

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