May 28, 2023

Yogender Kumar had stated that he could also be excused from vaccination towards COVID-19. (File)


The Gujarat High Court has issued a discover to the Indian Air Force on a petition filed by one in all its personnel posted in Jamnagar, difficult the present trigger discover issued to him for termination of service after he expressed his unwillingness to get vaccinated towards COVID-19.

In an order handed on Tuesday, a division bench of Justices A J Desai and A P Thaker issued the discover to the IAF and central authorities and likewise directed the IAF to not take any coercive motion towards the petitioner until July 1.

Petitioner Yogender Kumar, an IAF corporal, had moved the HC looking for a course to quash the present trigger discover dated May 10, 2021, wherein the IAF said that his stand towards vaccination “verges to gross indiscipline”, and his continuation within the service is prone to adversely influence the well being of different “air warriors and AF civilians”.

“The IAF is of the opinion that your continuation in the disciplined force like Indian Air Force is undesirable and you need to be separated from the service,” the petitioner stated quoting the discover issued to him.

The plea stated the choice of respondent no. 1 (IAF) to dismiss the petitioner for refusing to take the vaccine will not be solely opposite to the rules of the Union of India but additionally violative of Articles 14 and 21 of the Constitution of India. 

“The termination from a job due to unwillingness to take COVID-19 vaccine is completely illegal, unconstitutional and arbitrary on part of respondent no.1,” Yogender Kumar stated in his plea whereas looking for the court docket’s course to quash the discover and direct the IAF to not power him to get vaccinated.

The petitioner on February 26, 2021, wrote to the Commanding Officer of their squadron, expressing his unwillingness to take vaccination towards COVID-19.

While refusing to get vaccinated, the petitioner in his software had advised the IAF that he was utilizing ayurvedic medicines to extend his immunity towards COVID-19. He had additionally advised that he makes use of allopathic medicines solely in an emergency, or when an answer will not be attainable within the Ayurveda.

“I have some hesitation and my inner consciousness does not allow me to get vaccinated,” he had said in his software, as quoted within the plea moved earlier than the High Court.

Yogender Kumar had stated that he could also be excused from vaccination towards COVID-19.

“The petitioner has the right to receive treatment of his choice and vaccination cannot be forced upon him…as per the central government, the vaccine is voluntary and not mandatory for individuals in the country,” he stated in his plea.

Yogender Kumar additionally stated he was unwilling to get vaccinated as it’s not absolutely authorized by the administration and has been given emergency use authorisation, therefore it shouldn’t be thought-about the one choice for prevention towards COVID-19.

He additionally cited newspaper reviews associated to deaths and hostile results of COVID-19 vaccines.

The petitioner additionally cited a Supreme Court judgment of 2018 to buttress his declare and stated “he has the right to receive treatment of his choice and vaccination cannot be forced upon him.”

Yogender Kumar in his plea stated he’s taking ayurvedic medicines and merchandise urged by the AYUSH ministry and can be strictly following the rules of sporting masks, avoiding crowded locations, utilizing sanitiser, and washing palms at common intervals.

He does yoga and takes a enough quantity of vitamin C by fruit and veggies, the petitioner stated, including that whereas these measures don’t give 100 per cent safety from the an infection, they’ve labored in his case to this point. 

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