HC stay on state govt’s Covid vax or no pay directive to staff

The Kohima Bench of the Gauhati High Court on Wednesday put a stay on the Nagaland government’s order for compulsory COVID-19 vaccination of its employees.

After hearing a Public Interest Litigation (PIL), the bench decided to stay the order till the next date of hearing. The court posted the matter for hearing after two weeks.

The Nagaland government had on July 17 asked its employees to get vaccinated to attend office, or to produce COVID-negative reports by getting tested every 15 days.

The salaries of those who have not taken a single dose of vaccine or who fail to furnish COVID-negative report will be stopped beyond July 31 and they would not be allowed to attend office, the order issued by the chief secretary stated. The period of absence will be treated as leave without pay, it said.

During the hearing, the state government submitted that the PIL was not maintainable and must be dismissed. However, Justice Songkhupchung Serto and Justice S Hukato Swu ordered the stay.

NPN adds: According to the PIL submitted before the court on July 20, the petitioners pointed out that there was nothing to show that vaccinated persons cannot be infected with the deadly virus or they cannot be spreaders. “If Covid protection norms are followed then there is no reason to discriminate the unvaccinated people,” the PIL stated.

Such notification, the petitioners said, debars the basic fundamental rights of the people “which is right to live and right to livelihood”.  When contacted, one of the petitioners, while clarifying that they were not against vaccination, however contended that coercing citizens directly or indirectly to get vaccinated was unconstitutional and violates the right to life of citizens.

Health and Family Welfare department principal director, Dr Neikhrielie Khimiao on July 27 clarified that the order should not be taken as a threat as it was in the interest of the people.

It may be recalled that on June 30, the High Court had directed the State government to speed up and complete Covid-19 vaccination at least within three months. Hearing on a PIL (suo motu), a bench of justices Songkhupchun Serto and Hukato Swu observed that in order to effectively prevent the impending third wave of Covid-19 pandemic, as opined by experts in the media, the State needed to ramp up vaccination.

Although no one could be forced to take the vaccine unless he or she volunteered, the court directed that authorities should ensure that those HCWs who did not take the vaccine should produce testing certificates as and when they report for duties. Similarly, district task force (DTFs) too should ensure private hospitals follow the same, it ruled.