Observing that “persons taking conscious decision not to vaccinate themselves are effectively at a greater risk of contracting and transmitting Covid-19 than vaccinated persons”, the Bombay High Court on Tuesday refused to set aside the Mumbai Port Trust (MPT) circular making it mandatory for employees who have not taken two doses of anti-Covid vaccine to produce negative RT-PCR test every 10 days.
A division bench of Justice S J Kathawalla and Justice Abhay Ahuja on Tuesday passed the verdict on a plea filed by seven MPT employees, majority of them not fully vaccinated against Covid-19, challenging the June 15 circular. The petitioners, through advocate Aditi Saxena, termed the decision “discriminatory between vaccinated and unvaccinated employees”, saying taking jabs was a voluntary act and they cannot be compelled to get vaccinated.
The circular had said that from June 16, the unvaccinated employees will not be permitted to attend office without producing RT-PCR test reports conducted by a recognised hospital at their own expense and employees have to submit fresh RT-PCR report every 10 days.
After perusing material on record, the bench observed, “Given that unvaccinated persons pose a greater risk of transmission of Covid-19 than vaccinated persons, it is reasonable for a large Organization such as the MPT to require a higher degree of checking and monitoring of the Covid-19 status of unvaccinated persons. The requirement for unvaccinated employees to periodically produce RT-PCR test Reports certifying that they are free from Covid19 is therefore a reasonable restriction on the fundamental rights of the Petitioners to carry out their occupation or trade.”
The court added that the petitioners’ demand of not bearing the cost of RT-PCR tests is “untenable”. The bench observed, “We are convinced that persons taking a conscious decision not to vaccinate themselves are effectively deciding to place themselves at a greater risk of contracting and/or transmitting the disease than a vaccinated person. While the Petitioners’ decision not to take the vaccination is well respected, that does not mean that they are ipso facto (by that very fact) entitled to the same treatment as that given to vaccinated persons by the MPT.”
Referring to the demand for free treatment at MPT Hospital in case employees get infected, the bench said that MPT cannot be compelled to do so when it is offering the alternative of free inoculation.
“It is reasonable to contend that persons choosing to place themselves at a significantly higher risk of contracting Covid-19 should also assume the risk of having to pay for Covid-19 treatment in the event of contracting Covid-19,” the bench said and dismissed the plea.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
