On May 02, 2022, the Supreme Court (‘SC’) in the case of Jacob Puliyel v. Union of India and Others,^[1] held that restrictions imposed on unvaccinated individuals are not constitutionally valid.

The SC held that every individual has the right to refuse any medical treatment that is not needed or that the individual does not desire. Bodily integrity is protected under Article 21 of the Constitution of India, and therefore, no individual can be forced to be vaccinated. The SC noted that since both vaccinated as well as unvaccinated individuals pose a similar threat with respect to transmission of the virus, there is a lack of reasonableness with regards to the differential treatment given to vaccinated and unvaccinated individuals.

Therefore, the SC held that so long as the COVID-19 cases in the country are low, and unless there is any new finding that justifies the restrictions imposed on unvaccinated individuals, all authorities in India including private organisations, are required to review the orders and restrictions imposed on unvaccinated individuals in terms of access to public places, services, and resources.

[1] Jacob Puliyel v. Union of India and Others, Writ Petition (Civil) No. 607 of 2021.