[Important] Grand victory for IBA & AIM in student vaccination case.
- No mandatory vaccine for students. Telling death-causing & all side effects of vaccines and taking written consent/permission from parents is mandatory before vaccinating students.
- No restriction of vaccination certificates in exams.
- State Education Department’s Dy. Director issues circular.
After meeting with Awaken India Movement (AIM) team and going through all the documents including IBA’s Notice, case laws and RTI Reply, the Dy. Director of Education Shri. Deepak Chavne, has issued a new circular on 14th February, 2022 asking all the Divisional Director of Education and all Education officers of Zilla Parishad to not to force any student to get vaccinated. It is further intimated that every student and his parent must be told about everything regarding vaccine (which includes death causing and other side effects) and, students can be vaccinated only after getting written permission from parents. A copy of said letter is also marked to Dr. Sachin Pethkar, AIM, Pune.
As per Central Government’s Covid-19 guidelines the vaccination is voluntary and not compulsory. Secondly, it is mandatory to tell death causing and other side effects of vaccines to everyone, students and their parents before they are asked to get vaccinated. Only after getting written consent from parents the respective students can be vaccinated.
Hon’ble Supreme Court in Noida Entrepreneurs Vs. Noida (2011) 6 SCC 527 made it clear that, if anything is prohibited then it cannot be done indirectly. It means that vaccination cannot be a condition for exam or any services, benefits when it is not mandatory.
If any person or student is vaccinated without telling its side effects or if anyone is compelled to take vaccine by pressure by putting it as a condition to sit in exams or for availing any other services or benefits then such officers will be guilty of violating fundamental rights of the citizen and also be guilty of committing criminal offences.
Such guilty officers, principal, school teacher, employer etc. will be liable to pay compensation to the victim and they will also be liable to be punished under section 420, 409, 115, 323, 336, 120(B), 109, 34 etc. of Indian Penal Code.
If any person taking vaccine dies then such accused officials, Principal etc. will be liable for action under section 302, 304-A, 120 (B), 34, 109 etc. of Indian Penal Code. Section 302 is an offence of murder and having punishment up to death penalty or life imprisonment.
For more details please visit AIM & IBA website and contact AIM members:
Link AIM: https://awakenindiamovement.com/
Link IBA: https://indianbarassociation.in/
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