The Maharashtra government told the Bombay High Court on Wednesday that allowing unvaccinated people to use public transport is inviting explosive transmission of coronavirus and its variants.
A division bench of Chief Justice Dipankar Datta and justice MS Karnik was hearing two PILs filed by one Firoze Mithiborwala and Yohan Tengra claiming that the State’s circular prohibiting unvaccinated people from taking public transport is against right to equality.
The court however said, the State’s decision was reasonable and not discriminatory or in breach of a fundamental rights. “The unvaccinated people were prohibited from the use of public transport to ensure they do not mingle with other citizens and spread the virus,” the court noted.
Maharashtra government in its affidavit said, “Unfortunately the problem is not over yet. There is likelihood of a third wave and also the likelihood of the spread of the new variant, Omicron. The government therefore can’t take any risk and would like to err on the safer side on the issue of public health.”
Recalling the situation during the second wave, the State said, “It was a devastating time for the public health administrators and authorities who had to ensure adequate medical aid, hospital beds and oxygen supply for citizens. It does not want to repeat the dire situation and research proves that those who have taken both the doses of vaccines are less likely to contract the severe virus.”
The matter is now posted to be heard on January 3, 2022.