May 13, 2021
A petition has been filed in the Supreme Court of India against mandatory mass vaccination in India. The petitioner who is a former member of the National Technical Advisory Group on Immunisation is also seeking public disclosure of the secret vaccine clinical trial data and post vaccination adverse events data, as is required by International medical norms.
The plea (read full petition below) seeks to make public the segregated data of the clinical trials for the vaccines that are being administered to the population in India under the Emergency Use Authorisation granted by the Drugs Controller General of India (DCGI).
The petitioner, Dr Jacob Puliyel is a former member of the National Technical Advisory Group on Immunisation (the government’s apex body on immunization).
The petition states that vaccines that have not been adequately tested for safety or efficacy are now licensed under Emergency Use Authorisation without the data being disclosed to the public.
This is a clear violation of the basic norms of scientific disclosure and the guidelines with respect to disclosure of clinical trial data followed by the Indian Council of Medical Research (ICMR).
The plea has also sought directions for disclosure of post vaccination data regarding adverse events, vacinees who got infected with covid, needed hospitalisation and those who died post vaccination. Such events should also be advertised through toll free number.
Further, the plea has sought a declaration that vaccine mandates, in any manner whatsoever, even by making it a precondition for accessing any benefits or services is violative of rights of citizens and is unconstitutional.
The petition states that so far there is complete secrecy regarding the clinical trials data and post-vaccination adverse events.
The petition states that in other countries, this type of observation has helped identify the occurrence of blood clots and strokes in vaccine recipients.
Many countries stopped administering the vaccine till they evaluated this occurrence and countries like Denmark have completely banned use of the Astrazeneca vaccine (branded as Covishield in India).
India, with its huge population and numbers vaccinated, should have reported these adverse events flrst. But due to poor follow-up, poor Adverse Events Following Immunization (AEFI) evaluation and suppression of data, these events have not been put in the public domain – endangering many more to suffer the same fate.
Further, the petition states that no coercive mandates for use of these inadequately tested vaccines may be issued and that the courts reiterate that vaccine mandates are repugnant to the right of humans to autonomy and right to self-determine what may be injected into their bodies.
Coercing citizens directly or indirectly to get vaccinated is unconstitutional and violates the Right to Life of citizens.
While the government has clearly stated in numerous RTIs that Covid vaccines are voluntary, there are many instances from across the country where now various authorities are mandating the vaccines.
For the first time in history, a universal mass vaccination programme is being undertaken in India and many other countries using vaccines which have not been fully tested for efficacy and side effects, in the manner in which vaccines are required to be tested normally, usually over a period of three years or so, so that even long term adverse effects can be examined.
The problem is further compounded due to the lack of transparency in the vaccine trial data and the manner of granting approvals to the vaccines based on that data which is withheld from disclosure to the public or not available to independent researchers for scientific scrutiny.
History has shown that vaccines can be very useful instruments for
fighting disease and epidemics but vaccines can also have serious
unintended side effects. That is why before vaccines are approved they
need to be properly tested and studied by thorough clinical trials and
the test results must be available for scrutiny by independent
In such circumstances, coercing people to take the vaccines on pain of losing their jobs or access to essential services, which has begun to happen in many parts of the country, is a violation of the fundamental rights of people, especially in a situation where emergency approvals have been given to vaccines without full and adequate testing and without any transparency of the trial data and post vaccination data.
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