Plea in Bombay High Court challenges bar on non-vaccinated persons using local trains; claims discrimination violates their fundamental rights

A medical consultant has approached the Bombay High Court challenging the circulars issued by the Maharashtra government prohibiting persons who are not fully vaccinated against COVID-19, from travelling by local trains and permitting only fully vaccinated persons to travel via trains and visit malls and work spaces (Yohan Tengra v. State of Maharashtra & Ors.)..The petitioner, Yohan Tengra, claimed through his writ petition that the circulars are arbitrary and discriminatory and against the guidelines of the Central government and directions of the Supreme Court. Tengra moved the High Court claiming his fundamental rights under Article 14, 19 and 21 are violated in light of the circulars. .Tengra has challenged the following circulars: Circular dated August 10 and 11, 2021 which permits fully vaccinated persons to travel by local trains and prohibits non-vaccinated persons from travelling in local trains;Circular dated July 15, 2021 which allows only persons who have been administered two doses of vaccines or RT-PCR negative test within 14 days to enter Maharashtra..The petition filed through advocate Abhishek Mishra challenged the circular on the following grounds: Circulars go against the Indian Council of Medical Research (ICMR) guidelines which explicitly state that vaccines are not mandatory but voluntary;There should be no distinction between vaccinated and non-vaccinated persons as both could be super-spreaders of the virus and transmit the disease;That persons who have recovered from the virus are less likely to spread the virus than fully vaccinated person;On mandating vaccinations, the petition relied upon reports to contend that vaccines did more harm than good to those recovered from COVID-19 virus.The petitioner submitted that getting vaccinated is voluntary and not compulsory according to various high court judgments. .The petition sought amendment of the circulars to include non-vaccinated persons for travel in public transport and using public spaces. The petition also pleaded for directions to the Central government to initiate prosecution under the Disaster Management Act..This is the second petition filed through advocate Mishra challenging the circulars allegedly discriminating against non-vaccinated persons. .Mishra has also filed a public interest litigation (PIL) on behalf of social worker Feroze Mithiborwala seeking quashing of the circulars for being in violation of the fundamental rights of Article 14, 19 and 21 of the Constitution. .[Read Tengra's petition].[Read Mithiborwala's petition]