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Home > News Updates > Man Allegedly Goes Blind...


MAN ALLEGEDLY GOES BLIND DUE TO COVID VACCINE: ALLAHABAD HC DIRECTS DM TO DECIDE
ON WIFE'S REPRESENTATION SEEKING COMPENSATION

By - Sparsh Upadhyay

Update: 2021-06-30 06:13 GMT

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The Allahabad High Court has directed District Magistrate, Budaun to decide on a
woman's representation regarding blindness of her Husband due to vaccine of
COVID-19.The Bench of Justice Mahesh Chandra Tripathi was hearing a writ
petition preferred by a Wife who sought direction to respondents to pay
compensation to her husband regarding his blindness due to vaccine of Covid-19
and for...

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The Allahabad High Court has directed District Magistrate, Budaun to decide on a
woman's representation regarding blindness of her Husband due to vaccine of
COVID-19.

The Bench of Justice Mahesh Chandra Tripathi was hearing a writ petition
preferred by a Wife who sought direction to respondents to pay compensation to
her husband regarding his blindness due to vaccine of Covid-19 and for a further
direction to respondents to decide and consider the representation of the
petitioners dated 19.4.2021.

> #AllahabadHighCourt directs the District Magistrate, Budaun to make a decision
> on the representation filed by a Woman seeking compensation to her husband
> regarding blindness due to #CovidVaccine.#COVID #Vaccination
> pic.twitter.com/9nTCoxaUwZ
> 
> — Live Law (@LiveLawIndia) June 30, 2021

Considering the facts and circumstances of the case, without expressing any
opinion on the merits of the issue and with the consent, the writ petition was
disposed of with observation that:

"In case the petitioner makes fresh representation along with all relevant
medical reports to the District Magistrate, Budaun ventilating his grievances
within one week, the authority would decide the same in accordance with law
expeditiously." 

The Madras High Court in February ordered Autopsy on the body of a 40-year-old
conservancy worker with the participation of Autopsy Surgeon, Pathologist and
Forensic Specialist, if not done already in the said manner.


The Bench of Justice M. M. Sundresh and Justice S. Ananthi was hearing the plea
of one Ambika (a daily wage labourer), wife of the Deceased, who alleged that
her husband got vaccination on January 21st 2021, however, his health started
deteriorating and on January 30, when he was travelling to Madurai for a medical
checkup, he threw up and collapsed at the Aruppukottai New Bus Stand.

The Meghalaya High Court has recently held that mandatory or forceful
vaccination does not find any force in law and hence are to be declared as ultra
vires ab initio.

To ensure that people have an "informed choice" with respect to vaccination, the
Meghalaya High Court issued a slew of directions to the State Government in
respect of vaccination of all shops, establishments, local taxis etc.

A division bench comprising of Chief Justice Biswanath Somadder and Justice HS
Thangkhiew observed thus:

> "Article 21 encompasses within its fold, right to health, as a fundamental
> right. By that same analogy, right to health care, which includes vaccination,
> is a fundamental right. However, vaccination by force or being made mandatory
> by adopting coercive methods, vitiates the very fundamental purpose of the
> welfare attached to it. It impinges on the fundamental right(s) as such,
> especially when it affects the right to means of livelihood which makes it
> possible for a person to live."

Furthermore, it said:


> "Right to and the welfare policy for vaccination can never affect a major
> fundamental right; i.e., right to life, personal liberty and livelihood,
> especially when there exists no reasonable nexus between vaccination and
> prohibition of continuance of occupation and/or profession. A harmonious and
> purposive construction of the provisions of law and principles of equity, good
> conscience and justice reveals that mandatory or forceful vaccination does not
> find any force in law leading to such acts being liable to be declared ultra
> vires ab initio."






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