"Don't go by WhatsApp University:" Kerala High Court dismisses PIL alleging forced vaccination of minors

The Kerala High Court on Friday dismissed a public interest litigation (PIL) petition which sought to prevent alleged forced vaccination of children across the State [Thampi VS v State of Kerala]. .A Division Bench of Justices Devan Ramachandran and Sophy Thomas while rejecting the plea, made some interesting observations regarding petitioner moving the Court based on information obtained through social media. "Don't go by this WhatsApp University. You are here with a speculative cause of action. We are not going to create confusion in the minds of people," Justice Ramachandran orally remarked.The bench observed that the petitioner had not placed on record any specific instance of forced vaccination of minors. "It is pertinent that not a single specific incident has been pleaded by the petitioner and he appears to be acting on some information he says he obtained through social media. None of the mainline media have reported any instance of any child being vaccinated against their will or that of their parents. We do not think a speculative cause of action as projected by the petitioner should engage us especially during a vacation sitting", the court said in its order. .Since the petitioner claimed his apprehension arose due to a decision of the District Collector of Ernakulam to ensure vaccination of school-going children before the end of the on-going summer vacation, the Court went through the same and found no reason to suspect that the consent of parents will not be required. "The order of the District Collector is only an exhortation to every parent to get their children vaccinated. That doesn't mean he will forcibly take them and then get them vaccinated. Where does it say that people who are not willing will be vaccinated," the Court demanded. .The court was considering a PIL, filed by one Thampi through advocate T Madhavanunni, alleging that school-going children would be forcibly vaccinated against COVID-19 as the Ernakulam District Collector, Jafar Malik, recently decided to conduct vaccination camps in schools.At the hearing, Government Pleader (GP) Bijoy Chandran, submitted that the intent of the authorities is only to earnestly call upon every parent to have their wards vaccinated before the schools reopen after the summer vacations.The Court recorded the GP's submission that no guidelines have been issued for "forcible innoculations" to be carried out.The Court also stated that it was "interesting" that the petitioner had relied upon the recent judgement of the Supreme Court in Dr Jacob Puliyel vs Union of India in which it held that no one can be forcibly vaccinated. The Court noted that the same judgement recognises that the decision of the Central government to vaccinate children is in tune with global scientific consensus of expert bodies and that it is beyond the scope of any court to second guess such expert opinion. .Since no parent had approached the Court until now complaining of any action by the authorities to vaccinate their child forcibly, and in view of the judgment of the Supreme Court, the Court opined that nothing remains for its consideration and dismissed the PIL.