Published On : Sat, Aug 14th, 2021

“Fully Vaccination” condition precedent violates fundamental right to livelihood: Dipen Agrawal, Convener Sangharsh Samiti

Review the conditions imposed to operate Shops, Malls, Restaurants, Bars & Banquet halls and resuming operation of Coaching classes: Sangharsh Samiti

Nagpur: The members of most affected sectors led by Dipen Agrawal convener of Sarkar Jagao Vanijya Bachao Sangharsh Samiti (SJVBSS) called upon Minister of Power and Guardian Minister for Nagpur District, Dr. Nitin Raut to convey their gratitude for taking stock of ground reality and impressing upon local authority Municipal Commissioner, NMC to issue order dated 08/08/2021 to open-up economic activities in city to protect the livelihood of many in Nagpur. Particularly in the backdrop of Chief Minister, Uddhav Thackeray’s announcement declining immediate relaxation in restrictions.

Dipen Agrawal said that state government order dated 11/08/2021 and consequent orders issued by Collector Nagpur and Municipal Commissioner, NMC to take effect from 15/08/2021 has practically reversed the relaxation. The orders stipulates’ that owner and staff of shops, malls, restaurants, bars and banquet halls should be fully vaccinated and 14 days should have passed after second dose. The orders further prohibits’ entry of persons in malls if they are not fully vaccinated and 14 days have not passed after second dose.

Dipen Agrawal further said that the condition of fully vaccination violates the fundamental rights of freedom to carry on any occupation, trade or business of a particular category or class of citizens who are otherwise entitled to do so, making the order ill-conceived and arbitrary. The order restricts the fundamental right to life of an individual by stripping off his/her right to livelihood.
Dilip Kamdar, co-convener, said that even though the intention of State government being in nature of welfare of mases there should be no room for coercive or negative reinforcement of vaccination by seizing the right to livelihood of citizens. The right to and the welfare policy for vaccination should not 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.

Micky Arora of Sangharsh Samiti highlighted that, the Union government announced and authorised states to vaccinate persons in the age group of 18 to 44 years from 01/05/2021. However due to paucity of vaccines the State government suspended the vaccination of 18 to 44 years from 12/05/2021. Further after resuming vaccination for persons in age group of 18 to 44 years, on 19/06/2021 State government restricted and prioritised vaccination of persons in age group of 30 to 44 years and fully opened vaccination for persons above 18 years from 22/06/2021. In this background state is not justified in imposing the fully vaccinated condition, he added.

Vijay Talmale said that till date supply of vaccine is not stabilised and thus government vaccination centres in Nagpur are operational only for 2 or 3 days in a week. Union government has increased the duration between two doses of ‘Civishield’ vaccine from the initial notified gap of 4-8 weeks to 8-12 weeks and to current gap of 12-16 weeks in June 2021 and further informed that vaccination of persons below 18 years is not yet started.

Rajnikant Bondre President of Associations of Coaching Institutes said that, the State government order dated 11/08/2021 has not placed any new restriction on Coaching classes. However local authority Municipal Commissioner Nagpur has withdrawn the permission given to operate coaching classes at 50% capacity under its order dated 08/08/2021. The uncertainty and frequent unilateral change is adversely affecting students from Nagpur preparing for competitive exams, he added.

Summing up, Dipen Agrawal on behalf of most affected sectors of the economy requested Dr. Raut to impress up-on the State Disaster Management Authority to harmoniously construct of the provisions of law and principles of equity, good conscience and justice and instead of mandatory condition of fully vaccination prescribe condition that owner of shops, malls, restaurants, bars and banquet halls to ensure that their staff and visitors are at least vaccinate once (first dose) and exempt persons below 18 years from this condition; also direct the local authorities at Nagpur to restore operations of Coaching Classes at 50% strength, so as to secure the interest of most affected segments of economy due to frequent lockdowns.

Dr. Nitin Raut responding to the facts and circumstances highlighted by Sangharsh Samiti said that he has strongly advocated for the Sangharsh Samiti’s demands in Cabinet Meeting and has left no stone unturned to give relief to the most affected sectors due to persistent lockdown. He assured that he will continue his efforts to bring justice for the last man in the chain.

Prominently Present were Smt. Kirti Devi Mulgulgundkar , Dr Sameer Fale , Jayant Ganvir , Dr Manoj Tawani , Rahul Rai , Jagdish Agrawal , Narendra Wankhede , Dinesh Naidu , Shyam Shendre , Deepak Deosinghani and office bearers of various associations of most affected sectors were present in large numbers.