by Brian Shilhavy
Editor, Health Impact News
A landmark judgment was passed against vaccine mandates in India which has now made it illegal for anyone to discriminate between people on the basis of their vaccination status.
The entire judgement (written in English) can be downloaded here.
Important sections of the judgment passed by the Supreme Court in Jacob Puliyel’s Case 2022 SCC OnLine SC 533 [dated 2nd may 2022].
A landmark judgement upholding our fundamental rights under article 21 and 14 and equating right to health to right to life under article 21.
1st time in the world our Supreme Court gave a decision based on Scientific validity smashing the false narratives of Bill Gates’ vaccine mafia.
- No submission nor any data has been put forth to justify restrictions only on unvaccinated individuals when emerging scientific evidence appears to indicate that the risk of transmission of the virus from unvaccinated individuals is almost on par with that from vaccinated persons. To put it differently, neither the Union of India nor the State Governments have produced any material before this Court to justify the discriminatory treatment of unvaccinated individuals in public places by imposition of vaccine mandates. …. in light of the data presented by the Petitioner, which has not been controverted by the Union of India as well as the State Governments, we are of the opinion that the restrictions on unvaccinated individuals imposed through vaccine mandates cannot be considered to be proportionate, especially since both vaccinated and unvaccinated individuals presently appear to be susceptible to transmission of the virus at similar levels.”
- Point 89 – Conclusions –
(v) – ….In light of this, restrictions on unvaccinated individuals imposed through various vaccine mandates by State Governments / Union Territories cannot be said to be proportionate. ….. we suggest that all authorities in this country, including private organisations and educational institutions, review the relevant orders and instructions imposing restrictions on unvaccinated individuals in terms of access to public places, services and resources, if not already recalled.
(vii) Recognising the imperative need for collection of requisite data of adverse events and wider participation in terms of reporting, the Union of India is directed to facilitate reporting of suspected adverse events by individuals and private doctors on an accessible virtual platform. These reports shall be made publicly accessible, without compromising on protecting the confidentiality of the persons reporting, with all necessary steps to create awareness of the existence of such a platform and of the information required to navigate the platform to be undertaken by the Union of India at the earliest.
As a result of this decision, people who were removed from their jobs and not paid salaries due to them not being vaccinated against COVID have already started being reinstated and some have even been given compensation for the same. See:
Will review email asking unvaccinated employees to go on unpaid leave: Symbiosis University to Bombay High Court
The Awaken India Movement has also published an article debunking some false claims regarding the India Supreme Court Decision.
A landmark judgement was passed against vaccine mandates in India which has now made it illegal for anyone to discriminate between people on the ground of their vaccination status. However few people have been spreading wrong interpretations of the judgement, some due to their genuine misunderstandings, and others who are doing so on behalf of pharmaceutical companies and corrupt bureaucrats to intentionally misinterpret the judgment so that people don’t initiate compensation and prosecution charges on the criminals who enforced these illegal mandates. Below we conclusively debunk common false claims about the judgement :
False Claim Number 1
The Supreme Court has not written anywhere in the order that it is illegal to discriminate between the vaccinated and unvaccinated.
Reason : The Supreme Court in para 60 makes it very clear that vaccine mandates are not proportionate.
60. …in light of the data presented by the Petitioner, which has not been controverted by the Union of India as well as the State Governments, we are of the opinion that the restrictions on unvaccinated individuals imposed through vaccine mandates cannot be considered to be proportionate, especially since both vaccinated and unvaccinated individuals presently appear to be susceptible to transmission of the virus at similar levels.”
Some people have spread false claims that just because the Supreme Court said these mandates are not proportionate, that does not mean that they are illegal. This interpretation is false and misleading, as the Supreme Court has clearly mentioned in other parts of the judgement that in order for restrictions on peoples fundamental rights to be legal and constitutional, they must pass the three criteria of proportionality, legality and need. Relevant parts which mention this are listed below
21. We shall now proceed to analyse the precedents of this Court on the ambit of judicial review of public policies relating to health. It is well settled that the Courts, in exercise of their power of judicial review, do not ordinarily interfere with the policy decisions of the executive unless the policy can be faulted on grounds of malafide, unreasonableness, arbitrariness or unfairness etc. Indeed, arbitrariness, irrationality, perversity or malafide will render the policy unconstitutional
48. The crucial point that requires to be considered by us is whether limitations placed by the Government on personal autonomy of an individual can be justified in the interest of public health in the wake of the devastating COVID-19 pandemic. As stated, personal autonomy has been recognized as a critical facet of the right to life and right to self-determination under Article 21 of the Constitution, by this Court in Common Cause (supra). In K.S. Puttaswamy (supra), this Court laid down three requirements to be fulfilled by the State while placing restraints on the right to privacy to protect legitimate State interests. (i.e. legality, proportionality & need)
While the judgment is in context of the right to privacy, the analysis with respect to the threefold requirement for curtailment of such right is on the anvil of the protection guaranteed to fundamental freedoms under Article 21, and therefore, would also be the litmus test for invasion of an individual’s bodily autonomy under Article 21.
Point 3 of the Judgments Conclusion:
However, in the interest of protection of communitarian health, the Government is entitled to regulate the issues of public health concern by imposing certain limitations on individual rights, which are open to scrutiny by constitutional courts to assess whether such an invasion into an individuals right to personal autonomy meets the threefold requirement as laid down in KS Puttaswamy , i.e. (1) legality, which presupposes the existence of law, (2) need, defined in terms of a legitimate state aim; and (3) proportionality, which ensures a rational nexus between the objects and the means adopted to achieve them.
False Claim Number 2
In the order, the Supreme Court has only suggested that the authorities review the orders which have mandated vaccines if they’ve not already revoked them. Suggestions are not commands, hence this order will have no force to compel private companies, schools, colleges, etc to reverse the mandates.
Reason: In 1995 SCC (1) 259 M/S Spencer & Company Ltd & … vs M/S Vishwasarshan Distributors… on 6 December 1994, it is made very clear by the Supreme Court that even if their words in a judgement are in the form of an advice or suggestion and not an explicit command or direction, it is a judicial order and is considered binding and enforceable through the territory of India. Link to the said judgment can be found on this link : https://drive.google.com/file/d/1RhjS8La5m8wd1yfX_Ii9WYA6NkQfkiNI/view?usp=sharing
Relevant para can be found on page 260 Point A of this link
False Claim Number 3
In the Supreme Court order they have mentioned that the mandates are not proportionate only for the present time, and in the future, when govts increase testing and create more cases, authorities will be able to impose vaccine mandates again.
Reason: In point v of the judgments conclusion, the Supreme Court has made it clear that only an increase in cases is not a sufficient ground for imposing restrictions on unvaccinated people, but they have stated a two fold criteria of an increase in cases AND new evidence being generated which shows that unvaccinated people spread more Sars-Cov-2 virus than the vaccinated. Hence a mere increase in cases cannot be used as the only ground to impose restrictions :
v) …Till the infection rate remains low and any new development or research finding emerges which provides due justification to impose reasonable and proportionate restrictions on the rights of unvaccinated individuals, we suggest that all authorities in this country, including private organisations and educational institutions, review the relevant orders and instructions imposing restrictions on unvaccinated individuals in terms of access to public places, services and resources, if not already recalled.
This false claim does not make sense even from the perspective of common sense. If the Supreme court was ok with the Govt imposing restrictions due to an increase in cases, they would’ve used the word OR above instead of AND. Also, the Supreme Court has acknowledged in para 60 of the judgement that both vaccinated and unvaccinated people appear to spread the virus at similar levels. Hence even if cases increase, there is no basis to impose restrictions only on the unvaccinated as both vaccinated and unvaccinated people will be contributing to an increase in cases at an equal rate.
Hence we urge all our readers to counter false claims and share this article widely so that this judgment can be used by all Indians to fight against vaccine mandates. (Source.)
Download the entire judgement here : https://awakenindiamovement.com/indian-supreme-court-judgement-against-vaccine-mandates/
The people of India are very fortunate to have a Supreme Court rule for the protection of public health and not the pharmaceutical companies.
Hopefully, the lawsuit filed against Bill Gates for murder and asking for the Death Penalty will also be successful:
Bill Gates Charged with Murder for COVID-19 Vaccine Death in India’s High Court – Death Penalty Sought
BOMBSHELL: Video Emerges Where Fauci and Others Planned for a “Universal mRNA Flu Vaccine” Which Became the “COVID-19 mRNA Vaccine” Because People were not Afraid Enough of the Flu Virus
COVID-19 “Vaccine” Casualties List
Recorded Cases of Heart Disease Among Under 40 Years Old Explodes 20,000% After COVID-19 Vaccines Roll Out
Killer COVID Vaccines: 4,400% Increase in Deaths Compared to All FDA-Approved Vaccines for Previous 30 Years
4,113 Fetal Deaths in VAERS Following COVID-19 Vaccines Not Including Those Murdered Alive to Develop the Vaccines
Millions of American Lives in Danger as Airline Pilots Suffer Heart Problems from Mandatory COVID Vaccines
43,000 Deaths 4 MILLION Injuries Following COVID-19 Vaccines in European European Database of Adverse Reactions
1000% Increase in Vaccine Deaths and Injuries Following Pfizer COVID-19 EUA Vaccine for 5 to 11 Year Olds
22,000% Increase in Deaths following COVID Vaccines for Adults Over 50 as FDA Authorizes 2nd Booster for this Age Group
COVID-19 Vaccine Massacre: 68,000% Increase in Strokes, 44,000% Increase in Heart Disease, 6,800% Increase in Deaths Over Non-COVID Vaccines
Moderna Seeks Approval from FDA and European Medicines Agency (EMA) to Start Injecting Children Under 6 with mRNA COVID-19 Vaccines
41,834 DEAD 3.9 Million Injured Following COVID Vaccines in European Database as U.S. Military Deaths Soar 1100%
The Thousands of Fetal Deaths Recorded After COVID-19 Vaccines that Nobody Wants to Report and that Facebook is Trying Hard to Censor
65,615 Deaths Now Reported in Europe and the USA Following COVID-19 Vaccines – Corporate Media Refuses to Publish this Data
2000% Increase in Fetal Deaths Following COVID-19 Vaccines but CDC Still Recommends Them for Pregnant Women
Official Government Data: Twice as Many Deaths Following COVID-19 Vaccines in 1 Year as Deaths Following All Vaccines for the Previous 30 Years
California Nurse: “I Want People to Know What I Lost to this Vaccine – I am Living a Nightmare, It’s Not Worth it.”
German Health Insurance Claims Show 31,254 Deaths Following COVID-19 Vaccines While Official Government Stats Report Only 2,255
68,000% Increase in Strokes as FDA and HIH Secretly Study Reports of Neurological Injuries After COVID-19 Vaccines
6-Year-Old Minnesota Boy Develops Myocarditis And Becomes Severely Injured After Receiving Pfizer COVID-19 Vaccine
Double-Vaccinated 20-Year-Old Florida Model Develops Myocarditis, Suffers Heart Attack And Has Both Legs Amputated
Comedian Collapses on Stage During Joke: “I’m vaxxed, double vaxxed, boosted, and Jesus loves me most”
GENOCIDE! Military Medical Whistleblowers Reveal Miscarriages, Birth Defects, and Infertility Rates Exploded in 2021 Following COVID Vaccines
Government VAERS Data Reveal 15,600% Increase in Heart Disease Among Under 30 Year-Olds Following COVID-19 Vaccination
Over 1 Million Deaths and Injuries Following COVID “Vaccines” Reported in VAERS as Second Year of “Experimental Use Authorization” Begins
Crisis in America: Deaths Up 40% Among Those Aged 18-64 Based on Life Insurance Claims for 2021 After COVID-19 Vaccine Roll Outs
Year 2021 was America’s Holocaust: Unprecedented Lives Destroyed by Experimental COVID-19 “Vaccines”
One Year Anniversary of President Trump Forcing the FDA to give Emergency Use Authorization to the Pfizer Shot
Registered Nurse Suffers Pericarditis from Pfizer Shot – Put in Hospital Section for Vaccine Injured as She was 7th Patient Admitted That Day for Heart Issues Following COVID Shots
German Study Finds ZERO COVID-19 Deaths in Healthy Children but the Children are Now Dying from the Vaccine
666 Cases of Heart Disease in 12 to 17-Year-Olds After COVID Shots – Less than 2 Cases Per Year Following All Vaccines for Past 30+ Years
Vaccine Cult Exposed by Government’s Own Data: More than 50% of ALL Vaccine Adverse Reactions Reported for Past 30+ Years Have Occurred in Past 11 Months Following COVID-19 Shots
Bill Gates Charged with Murder for COVID-19 Vaccine Death in India’s High Court – Death Penalty Sought
Pfizer’s War on Children Invades Canada and Israel as COVID Shots Begin to be Injected Into 5 to 11 Year Olds
Vaccinated Doctors are Dying and Unvaccinated Doctors are Quitting or Being Fired: Who will Run the Hospitals?
Parents in NY Take to the Streets to Warn Ignorant Parents Injecting Their Children with Pfizer Shots as Injuries Among 5 to 11 Year Olds Now Being Reported
Parents Sacrifice Hundreds of Thousands of Children Ages 5 to 11 to the COVID-19 Vaccine Gods This Weekend
Cardiologist Medical Doctor who Wanted to Punch Anti-Vaxxers in the Face DEAD After COVID Booster Shot
Texas Church Injects Young Children with COVID Shot in Halloween Celebration – Christian Churches Now Working with the CDC to Abuse and Murder Children
Grieving Mother Who Threatened Health Impact News for Publishing Daughter’s Death following COVID-19 Shot Now Goes Public
Do You Have Blood on Your Hands? Tens of Thousands of Children Age 5 to 11 Injected with Gene Therapy Shots
41 Year Old Florida Man Who Cursed Anti-Vaxxers Found Dead in His Home by Neighbors After Second COVID-19 Pfizer Shot
12-Year-Old In Germany Dies 2 Days After Pfizer COVID-19 Vaccine – 12-Year-Old in Thailand In ICU After Heart Problems Caused By The Pfizer Shot
Whistleblower Reveals Fraud in Pfizer COVID Vaccine Trials as 5 to 11-Year-Olds Begin to be Injected – Vaccine Deaths and Injuries to Follow
Doctors and COVID-19 Vaccine Injured Testify in Washington D.C. to Crimes Against Humanity – CDC, FDA, NIH, Fauci are No Shows
UK Stats Show 82% of COVID-19 Deaths and 66% of Hospitalizations were Among Fully Vaccinated for Past Month
Fully Vaccinated are Suffering Far Higher Rates of Infection than the Unvaccinated, and It is Getting Worse
White House To “Quickly” Vaccinate 28 Million Children Age 5-11 as Deaths and Injuries Continue to Increase among 12 to 19-Year-Olds Who Received a COVID-19 Shot
Evidence Clearly Shows Deaths are Increasing Worldwide After COVID-19 Shots – Major Labor Shortages Loom
As Deaths and Injuries to Teens Increase After COVID-19 Shots Pfizer Asks FDA for Emergency Authorization to Inject 5 to 11-Year-Olds
Denver Policeman Crippled After Mandatory Pfizer Shot – Are Law Enforcement the Key to Resisting Medical Tyranny?
1,969 Fetal Deaths Recorded Following COVID-19 Shots but Criminal CDC Recommends Pregnant Women Get the Shot
Study: COVID-19 Vaccines INCREASE Deaths and Hospitalizations from COVID-19 Based on Analysis of Most-Vaccinated Countries
Whistleblower Lawsuit! Government Medicare Data Shows 48,465 DEAD Following COVID Shots – Remdesivir Drug has 25% Death Rate!
STUDY: Government’s Own Data Reveals that at Least 150,000 Probably DEAD in U.S. Following COVID-19 Vaccines
Local Detroit TV Asks for Stories of Unvaxxed Dying from COVID – Gets over 180K Responses of Vaccine Injured and Dead Instead
Teens 50X More Likely to Have Heart Disease After COVID Shots than All Other FDA Approved Vaccines in 2021 Combined – CDC Admits True but Still Recommends It
Besides Fetal Deaths, Breastfeeding Babies are Dying and becoming Sick following Mothers’ COVID Shots
CDC: Teens Injected with COVID Shots have 7.5 X More Deaths, 15 X More Disabilities, 44 X More Hospitalizations than All FDA Approved Vaccines in 2021
Understand the Times We are Currently Living Through
What Happens When a Holy and Righteous God Gets Angry? Lessons from History and the Prophet Jeremiah
Insider Exposes Freemasonry as the World’s Oldest Secret Religion and the Luciferian Plans for The New World Order
Fact Check: “Christianity” and the Christian Religion is NOT Found in the Bible – The Person Jesus Christ Is
The Seal and Mark of God is Far More Important than the “Mark of the Beast” – Are You Prepared for What’s Coming?
Medicine: Idolatry in the Twenty First Century – 6-Year-Old Article More Relevant Today than the Day it was Written
Having problems receiving our newsletters? See:
If you use the TOR Onion browser, here are the links and corresponding URLs to use in the TOR browser to find us on the Dark Web: Health Impact News, Vaccine Impact, Medical Kidnap, Created4Health, CoconutOil.com.
The post India Supreme Court Rules Against COVID-19 Vaccine Mandates first appeared on Health Impact News.
This content was originally published here.