The Kerala High Court on Tuesday asked the Centre that if someone loses their job due to a vaccine administered by the State then is the government not duty-bound to compensation his grievance?
The poser came during the hearing of a man’s plea for a third dose of an internationally recognised vaccine so that he can go back to Saudi Arabia, where he was working as a welder before coronavirus outbreak. For a third shot of the vaccine he has moved to the hight court as the two doses of COVAXIN he received is not recognised or approved in the Gulf nation and therefore, he is not being able to travel there.
Justice P V Kunhikrishnan on Tuesday said that the court was not blaming the Centre, but when a citizen stands to lose his employment or his movement is restricted due to the vaccine administered to him by the State, then “does the government not have a duty to redress his grievance”?
The Assistant Solicitor General (Asst SG) Manu S directed the court that appearing for the Centre, to take commands on why Saudi Arabia was not recognising COVAXIN when the vaccine has been allowed for international emergency use by WHO.
The Asst SG said that the vaccines were administered to save lives which was the focus during the pandemic and therefore, the Centre could not wait for international acceptance of the same. He also said that the government has its limitations with regard to imposing something on a foreign nation.
The court, however, said that restriction of movement or loss of employment of a citizen due to a vaccine administered by the State was ‘infringement of his Fundamental Rights”.