[COVID-19] Kerala High Court seeks State response on plea against Govt Order restricting unvaccinated persons from entering shops, banks

The Kerala High Court on Monday sought the State government's response on a petition challenging the new Government Order which mandates that people need to be vaccinated against COVID or have a negative RT-PCR certificate to visit shops, banks, public offices etc. (Pauly Vadakkan v. State of Kerala).Single-judge Justice PB Suresh Kumar directed the Government Pleader to get instructions on the matter expeditiously and submit the State's response within a day. .The Kerala Government had issued a Government Order (GO) on August 4 under the Disaster Management Act, 2005 relaxing COVID-19 restrictions in the State..Clause IV of this GO reads:"Only a person who has taken at least one dose of Covid-19 vaccine before two weeks, or who are in possession of RT-PCR negative certificate taken 72 hours before or who is in possession of Covid-19 positive result more than a month old will be allowed inside (workers/visitors)in shops, markets, banks, public and private offices, financial institutions, factories, factories, industrial establishment, open tourist spaces, and other establishments.".The petitioner challenged this particular clause on the grounds that it is arbitrary and violative of the rights under Articles 14, 19 and 21 of the Constitution of India..Advocate Jomy K Jose, appearing for the petitioner, submitted that the petitioner suffers from various allergies and that it is not safe for him to get the vaccine until he receives a test dose. However, hospital authorities had rejected his request for a test dose and as such, he remains unvaccinated to this day.Hospital authorities had also informed him that they are yet to receive any guidelines from the Central or State Government regarding the vaccination of people who have a history of allergic reactions, he claimed.Moreover, he submitted that the petitioner lives alone and has no one who can go to the shops and purchase groceries and other necessities for him, effectively putting him under house arrest simply for the reason that he is unvaccinated which violates the rights guaranteed to him under Article 21 of the Constitution..He also pointed out that a similar GO had been issued by the Government of Assam of which a similar clause was recently stayed by the Gauhati High Court..Noting that the petitioner lives alone and will be unable to carry out basic daily activities, the Court sought an urgent response from the State in the matter.The case will be heard next on August 10.