Sub: An appeal to stop gross human rights violation due to imposition of vaccine
mandate by some local authorities.

Respected Sir/Madam,

We the people of West Bengal from different fields today are severely affected from
gross human rights violation. Old people, pregnant women, people having co-morbidity and
those who are suffering from other complications are the worse sufferers. That means the human
rights of the weaker sections of the society are at stake. In this respect, some of our
representatives want to meet You to discuss about the following matters:

It has been found that forced vaccination had started in different government as well as
private organizations, institutions and other places where some of the authorities are insisting
their staff to take vaccine. In schools, colleges and universities the head of the institutes are
forcing to take vaccines. The teaching, non-teaching staff and students are forced to do so
otherwise they shall not be allowed to enter the institutions (Evidence enclosed; ANNEXURE-I).
In other places such as in shopping malls, parks, hotels etc. people those who have not taken
double dose of vaccine are not allowed to enter. So a gross discrimination of human rights has
been observed in the name of vaccination which is violation of U/S 18 of the Protection of
Human Rights Act, 1993.

Whereas, this vaccine is under trial process and not at all approved. The Ministry of
Health and Family Welfare in its website has mentioned under the heading “Frequently Asked
Questions on Covid-19 Vaccine” has stated that the Covid-19 vaccine is voluntary.  
 
The link of the FAQ’s of Ministry of Health and Family Welfare (MOHFW) is given hereunder:
https://www.mohfw.gov.in/covid_vaccination/vaccination/faqs.html

In the fact sheet of the companies/manufacturers of vaccine, it is clearly mentioned that
the persons with certain complications should not take vaccine. It is also mentioned there that
taking vaccine is completely the choice of the individual. That means a person may not take the
vaccine if he/she decides not to take (copy enclosed; ANNEXURE-II).

There are several reply to RTI applications, some of them are mentioned below:

1. A reply to RTI application no. MOHF/R/E/2021/00630 dated: 9th March, 2021 filed
by Anurag Sinha of Jharkhand, the Ministry of Health and Family Welfare, GOI has
stared very clearly that “taking the Covid vaccine is entirely voluntary and there is no
relation whatsoever to provision of government facilities, citizenship, job etc. to the
vaccine” (copy enclosed; ANNEXURE-III).

2. In a reply dated 23rd March, 2021 to the RTI filed by Mr. Dinesh Bhausaheb Solanke,
RTI application no. MOHFW/R/T/21/00527 the Ministry of Health and Family
Welfare stated that, “the Covid-19 vaccine being voluntary, there is no provision for
compensation as of now” (copy enclosed; ANNEXURE-IV).

3. In a reply to RTI filed by Mr. Tarun, dated: 16th April, 2021 file number
MOHFW/R/E/21/01538, the Ministry of Health and Family Welfare, replied to the 1st
question, “(i) Is Covid vaccine voluntary or mandatory?” is that “Vaccine for Covid is
voluntary”. Further the answer to another question “(ii) Can any government or
private organization hold our salary or terminate us from job in case of not taking
Covid vaccine?” and “Can government facilities such as subsidies, ration and medical
facilities in case of not taking covid vaccine?” the reply was. “In view of above reply,
the questions do not arise” (copy enclosed; ANNEXURE-V).
 
 
The above RTI replies make it clear that the Union of India has made the vaccination
drive completely voluntary, so to coerce someone to take vaccine is not only contrary to the
guidelines of the Union of India but also violation of Article 14 and 21 of the Constitution of
India.

Therefore, Indian citizens have the right to choice of treatment and vaccine cannot be
forced upon him. Making vaccine mandatory and forcing upon an individual shall be contrary to
the judgment of the Hon’ble Supreme Court in Common Cause Case, where Hon’ble Supreme
Court has held that an individual has right over his/her own body and right to decide the medical
treatment for them.

As in the case of Yogendra Kumar versus Indian Air Force and 1 other(s), the High Court
of Gujarat at Ahmedabad via R/Special Civil Application No. 8309 of 2021 presided by Hon’ble
Mr. Justice A.J. Desai and Hon’ble Dr. Justice A. P. Thakur passed the order on 22nd June, 2021
that- no coercive action shall be taken against the petitioner, who is at present not willing to take
vaccine (copy enclosed; ANNEXURE-VI).

There are some incidents of serious adverse events after taking vaccines as mentioned below:
1. It is evident from the below articles that AstraZeneca vaccine which is sold in India as
Covishield (90% of the vaccines being administered) is banned/restricted in 11 countries
worldwide and the main reason is vaccinated people are dying with blood clots. In USA
AstraZeneca vaccine is not yet approved by FDA. It has been seen that people lesser than
55 years of age are more susceptible to blood clots by this vaccine. Britain has stopped
vaccinating below 40 age group by AstraZeneca (copy enclosed; ANNEXURE-VII).

2. Countries those who have suspended/restricted the AstraZeneca Covid-19 vaccine are:
Denmark, Norway, UK, France, Italy, Spain, Sweden, Canada, Ireland, The Netherlands,
Portugal (copy enclosed; ANNEXURE-VIII).
 
3. Norway was the first country in the world to ban AstraZeneca Covid-19 vaccine. Three
Norwegian health workers under the age of 50 years were hospitalized and one was
reported dead after the vaccination (copy enclosed; ANNEXURE-IX).

4. Reporting on the death and serious adverse events following immunization, the Wire
Science in an article (Science.thewire.in/health/617-serious-adverse-events-after-
vaccination-reported-in-india-until-march-29) titled “617 Serious Adverse Events After
Vaccination Reported in India until March 29” dated 09.04.21 (copy enclosed;
ANNEXURE-X).

5. Causality assessment results of 92 reported Serious Adverse Events Following
Immunization (AEFI) cases following COVID-19 vaccination approved by National
AEFI Committee on 25th and 27th August 2021 by Ministry of Health and Family Welfare
Immunization Division (copy enclosed, ANNEXURE-XI).

6. Counter affidavit on behalf of answering Ministry of Health & Family Welfare, Govt. of
India, in the matter of ;Mr. Nelson Paulo Fernandes & Another versus The State of Goa
& Ors. (copy enclosed, ANNEXURE-XII).

7. Hon’ble Chief Minister of West Bengal, Mamata Banerjee claimed that the new cases of
COVID-19 infections in the state are mostly from among those who have been fully
vaccinated but their immunity after being administered both doses is not exceeding six
months. She directed the state health secretary to take up the matter with the Centre and
seek to know the reason behind it (copy enclosed, ANNEXURE-XIII).

In this context we want to have an open discussion with Your Lordship so that a solution can be
obtained.

LIST OF ANNEXURES:
Sl. No. Particulars of documents Annexure
1. Notification of Schools. ANNEXURE-I
2. Fact Sheets of Covishield and Covaccine. ANNEXURE-II
3. A reply to RTI application no.
MOHF/R/E/2021/00630 dated: 9th March,
2021 filed by Anurag Sinha of Jharkhand.
ANNEXURE-III
4. In a reply dated 23rd March, 2021 to the RTI
filed by Mr. Dinesh Bhausaheb Solanke, RTI
application no. MOHFW/R/T/21/00527 the
Ministry of Health and Family Welfare stated
that, “the Covid-19 vaccine being voluntary,
there is no provision for compensation as of
now”.
ANNEXURE-IV
5. In a reply to RTI filed by Mr. Tarun, dated:
16th April, 2021 file number
MOHFW/R/E/21/01538,
ANNEXURE-V
6. In the case of Yogendra Kumar versus Indian
Air Force and 1 other(s), the High Court of
Gujarat at Ahmedabad via R/Special Civil
Application No. 8309 of 2021 presided by
Hon’ble Mr. Justice A.J. Desai and Hon’ble
Dr. Justice A. P. Thakur passed the order on
22nd June, 2021 that- no coercive action shall
be taken against the petitioner, who is at
present not willing to take vaccine.
ANNEXURE-VI
7. It is evident from the below articles that
AstraZeneca vaccine which is sold in India as
Covishield (90% of the vaccines being
administered) is banned/restricted in 11
countries worldwide and the main reason is
vaccinated people are dying with blood clots.
ANNEXURE-VII
8. Countries those who have suspended/restricted
the AstraZeneca Covid-19 vaccine are:
Denmark, Norway, UK, France, Italy, Spain,
Sweden, Canada, Ireland, The Netherlands,
Portugal.
ANNEXURE-VIII
9. Norway was the first country in the world to
ban AstraZeneca Covid-19 vaccine.
ANNEXURE-IX
10. Reporting on the death and serious adverse
events following immunization, the Wire
Science in an article
(Science.thewire.in/health/617-serious-
adverse-events-after-vaccination-reported-in-
india-until-march-29) titled “617 Serious
Adverse Events After Vaccination Reported in
ANNEXURE-X  
India until March 29” dated 09.04.21.
11 Causality assessment results of 92 reported
Serious Adverse Events Following
Immunization (AEFI) cases following
COVID-19 vaccination approved by National
AEFI Committee on 25th and 27th August 2021
by Ministry of Health and Family Welfare
Immunization Division.
ANNEXURE-XI
12 Counter affidavit on behalf of answering
Ministry of Health & Family Welfare, Govt. of
India, in the matter of; Mr. Nelson Paulo
Fernandes & Another versus The State of Goa
& Ors.
ANNEXURE-XII
13 NDTV link of Honb’le Chief Minister of West
Bengal, Mamata Banerjee’s speech.
ANNEXURE-XII