Employee unwilling to take vaccine challenges IAF notice

The Gujarat High Court has issued a notice to the Indian Air Force on a petition filed by one among its personnel posted in Jamnagar difficult the show-cause notice issued to him for termination of service after he expressed his unwillingness to get vaccinated in opposition to COVID-19.

A Division Bench of Justices A.J. Desai and A.P. Thaker on Tuesday issued the notice to the IAF and the Central authorities and likewise directed the IAF not to take any coercive motion in opposition to the petitioner until July 1.

Petitioner Yogender Kumar, an IAF corporal, had moved the court docket searching for a route to quash the May 10, 2021 show-cause notice, by which the IAF said that his stand in opposition to vaccination “verges to gross indiscipline”, and his continuation within the service is probably going to adversely influence the well being of different “air warriors and AF civilians”.

“The IAF is of the opinion that your continuation in the disciplined force like Indian Air Force is undesirable and you need to be separated from the service,” the petitioner stated quoting the notice issued to him.

The plea stated the choice of respondent no. 1 (IAF) to dismiss the petitioner for refusing to take vaccine was not solely opposite to the rules of the Union of India, but in addition violative of Articles 14 and 21. “The termination from job due to unwillingness to take COVID-19 vaccine is completely illegal, unconstitutional and arbitrary on part of respondent no.1,” Mr. Kumar stated in his plea, searching for the court docket to quash the notice and direct the IAF not to pressure him to get vaccinated.

The petitioner on February 26, 2021 wrote to the Commanding Officer of their squadron expressing his unwillingness to take vaccination in opposition to COVID-19.

Ayurvedic medicines

While refusing to get vaccinated, the petitioner in his utility had informed the IAF that he was utilizing Ayurvedic medicines to improve his immunity in opposition to COVID-19. He had additionally informed that he used allopathic medicines solely in emergency, or when an answer was not potential in Ayurveda.

“I have some hesitation and my inner consciousness does not allow me to get vaccinated,” he had said in his utility, as quoted within the plea moved earlier than the court docket.

Mr. Kumar had stated he may be excused from vaccination in opposition to COVID-19.

“The petitioner has the right to receive treatment of his choice and vaccination cannot be forced upon him … as per the Central government, the vaccine is voluntary and not mandatory for individuals in the country,” he stated in his plea.

Mr. Kumar additionally stated he was unwilling to get vaccinated because it was not totally accepted by the administration and had been given emergency use authorisation, therefore it shouldn’t be thought of the one choice for prevention in opposition to COVID-19.

He additionally cited newspaper stories associated to deaths and adversarial results of COVID-19 vaccines.

2018 SC verdict

The petitioner additionally cited a Supreme Court judgment of 2018 to buttress his declare and stated “he has the right to receive treatment of his choice and vaccination cannot be forced upon him.” Mr. Kumar in his plea stated he was taking Ayurvedic medicines and merchandise recommended by the AYUSH Ministry, and was additionally strictly following the rules of sporting masks, avoiding crowded locations, utilizing sanitiser and washing arms at common intervals. He did yoga and took ample quantity of Vitamin C via vegetables and fruit, the petitioner stated, including that whereas these measures didn’t give 100% safety from the an infection, they’d labored in his case thus far.