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The corona administration of vaccines act (cava) and the various issues surrounding its implementation. It highlights the government's lack of awareness campaigns, the ambiguity in reporting vaccine-related fatalities and side effects, and the potential violations of fundamental rights such as freedom of movement, employment, and expression. The document delves into the specific sections of the cava act and their impact on citizens, raising concerns about the government's approach to vaccine administration and the need for a more transparent and inclusive process. The arguments presented aim to challenge the constitutionality of certain provisions of the cava act and seek appropriate judicial intervention to address the concerns raised.
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TABLE OF CONTENTS
………………………………………………………………………………i LIST OF ABBREVIATIONS ………………………………………………………………………….ii INDEX OF AUTHORITIES …………………………………………………………………………..iii a. Cases Cited …………………………………………………………………………..iii b. Books and Treatises …………………………………………………………………..iii c. Legal Databases ……………………………………………………………………..iii STATEMENT OF JURISDICTION ……………………………………………………………………..iv SYNOPSIS OF FACTS ………………………………………………………………………………v SUMMARY OF ARGUMENTS ………………………………………………………………………vi ARGUMENTS ADVANCED …………………………………………………………………………. Issue 1 ……………………………………………………………………………………. Issue 2 ……………………………………………………………………………………. Issue 3 ……………………………………………………………………………………. Prayer …………………………………………………………………………………………..
Memorandum in behalf of {} i
INDEX OF A()UTHORITIES
B. BOOKS AND TREATISES
C. LEGAL DATABASES
Memorandum in behalf of {} iii
STATEMENT OF() JURISDICTION
The Hon’ble Court has the jurisdiction to hear the matter under article 136 of the constitution as the petitioner has approached the S.C under the mandatory vaccination said in the CAVA act. As this act violated or infringes the fundamental right of people and also punishment for those who are expressing their views. The Article 19 says about the protection of certain rights regarding freedom of speech etc. Article 19 is the most important and key article which embodies the “basic freedoms”. Article 19(1) provides that all citizens shall have the right- (originally 7, now 6) to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions; to move freely throughout the territory of India; to reside and settle in any part of the territory of India; omitted by 44thamendment act. (it was right to acquire, hold and dispose of property) to practice any profession, or to carry on any occupation, trade or business.
Freedom of speech and expression: Article 19 of the constitution provides freedom of speech which is the right to express one’s opinion freely without any fear through oral / written / electronic/ broadcasting / press. The Constitution does not make any special / specific reference to the Freedom of Press. The protagonists of the “free Press” called it a serious lapse of the Drafting committee. However, the freedom of expression includes freedom of press. Dr. Memorandum in behalf of {} iv
SYNOPSIS() OF FACTS
SYNOPSIS() OF FACTS inter-state travel which was later changed as a vaccine certificate for inter-state travel. Sect.7 made it compulsory for those employed in educational institutions, government offices, entertainment spaces, manufacturing industries and factories etc. Sect.10 prohibits people from spreading any information either through words or social media or any social intermediary which discourages people from taking vaccine. It also provided for imprisonment of up to six months and fine in case of conviction.
Memorandum in behalf of {} vii
() SUMMARY OF ARGUMENTS pain, fever with the normal effects of vaccine such as redness at the part where vaccine is injected. The data also says that the Covisafefor is having only an efficacy of 81.3% and that too not trusted source. Even the doctors are not aware about how it will affect in future and the balance % of 81.3%. Issue 4 Compulsory vaccination should be administered after the prolonged scientific studies After making vaccine mandatory by the government also the death rates are increasing. When looking at the data of current month and the may month of 2021 we can see that in the month of aug more people got vaccinated still the death is more compared to the month of May in which the number of vaccinated people was compared to the month of August. Issue 5 Punishment given for the expression of criticizing compulsory vaccination misinterpreted as discouraging vaccination restricts fair criticism of the govt. The CAVA act actually violates the right to freedom of movement, right to employment and livelihood, right to speech and expression and the right of choice. By making the vaccine mandatory it made people difficult to travel to inter-state without a vaccine certificate. It also made certain people who works in certain sectors difficult by making the vaccination mandatory which stayed like a thread to their livelihood. The government compulsory banded any kind of expression of citizens view on vaccine by bringing punishment of 6 months imprisonment, fine etc. above all it is the freedom a person to choose whether to be vaccinated or not which was violated by the government fully.
Memorandum in behalf of {} ix
() ARGUMENTS ADVANCED ISSUE 1
Did the Government conduct any awareness campaign?
The primary duty of government is to create awareness when they are under a condition like covid-19 but they haven’t done it. They just waited till the incubation period over and finally getting the whole country in to lockdown. The government had generated awareness only through social medias, Caller tunes, messages, television advertisements, radio announcements, posters etc., about the importance of taking vaccine.
The Govt. could have avoided the mass spreading of it when it was found in India by creating awareness from local to central place that is from the gram panchayat till the centre. Even in remote areas they should have done as there are some people who are still not aware of What actually it is? How it will affect our body if it gets infected? In Afghanistan the awareness campaigns help in preventing the Covid-19 disease. They have done the following to prevent Covid to an extent.
Afghanistan has redeployed two leading development programs to promote health recommendations to fight COVID-19 in thousands of rural and urban communities. Awareness campaigns have helped dispel misinformation about the coronavirus while promoting precautionary measures like frequent hand washing and wearing masks. In several Afghan provinces, women who attended awareness sessions have turned to producing masks for their communities to help prevent COVID-19 outbreaks.
Memorandum in behalf of {} 1
() ARGUMENTS ADVANCED ISSUE 3
ISSUE 2 The unplanned inoculation of masses results in several health hazards in long run. Normally a vaccine research takes 10yrs from initial development through to mass distribution. Vaccine research is usually performed in a sequence of successive steps. Typically, there will be a laboratory development stage followed by animal testing and then several stages of clinical trials. Once this completed then only it will be submitted for approval, prior to developing a manufacturing process. But in the case of Covid-19 vaccines the stages of development are carried out in parallel. Even though that was for the emergency condition still it is having drawback that one stage of the process does not inform the next in the usual way. For eg: results from animal trials would normally inform the choice of appropriate dose level for the start of human trials. But in current situation the data from several stages are being analyzed concurrently. Even if a vaccine which is made after long years is approved too still there are risk factors. No medical intervention is completely risk free. Vaccines, though they are designed to protect from disease, can cause side effects that range from mild to serious. The most common side effects from vaccination are soreness, swelling, or redness at the injection site. Some vaccines are associated with fever, rash, and achiness. Serious side effects from vaccination are rare, but may include life-threatening allergic reaction, seizure, and even death. One such case is the Cutter Incident Vaccine- Gottsdanker v. Cutter Laboratories in which more than 220000 people were infected with live polio virus and many were paralyzed. It was found that the vaccine made by the cutter factory caused 40000 cases of polio, leaving 200 children with varying degrees of paralysis and killing 10. This was the first polio vaccine made by America which later led to a growing vaccine crisis.
Memorandum in behalf of {} 3
() ARGUMENTS ADVANCED ISSUE 3 The case of Baby Alan is also case in which the death of that baby was caused due to a vaccine. From that case it was noted that there was at no point proved that the vaccine was responsible for the death of Alan manslaughter.
Report of fatalities and side effects of vaccination is in ambiguity & the govt. is misleading the public life’s
Many people who took the vaccine named CoviSafefor is saying difficulties related to pulmonary, heart, parts etc in additional of high fever, vomiting, tastelessness etc with the usual pain of body and redness at the part of vaccinated. The common symptoms seen in Covid-19 is fatigue, cough, body pain, chest pain, tastelessness, fever, dizziness when standing, sleep problems, pounding heartbeat etc which are also seen or can say as symptoms of even vaccine too. This vaccine can make blood cells more likely to clump up and from clots. While large clots can result to heart attacks and strokes. The other parts which are affected by this blood clot is lungs, legs, liver, and kidneys. This can also weaken blood vessels and cause them to leak, which contributes to potentially long-lasting problems with the liver and kidneys. The national survey conducted in US says that the probability of side-effects is 50%,75%, 90%including fever and sore arm.
Name Manufacturer (^) vaccineType of Efficacy rate BNT162b2 (Comirnaty) Pfizer-BioNTech mRNA 95%
Memorandum in behalf of {} 4
() ARGUMENTS ADVANCED ISSUE 3
subunit
The Covishield is having only an efficacy of 81.3% and that too it is not having a trusted source when compared to other vaccines of Covid. Even the doctors are unaware of the side effects of the balance 18.7%. ISSUE- Compulsory vaccination should be administered after the prolonged scientific studies
CURRENT CASES ACROSS INDIA 3,19, 14,373 ACTIVE CASES (0.98%)
TOTAL CASES (^) 25,4673,24,74,
DEATHS (1.34%) ( 354 ) 4,35,
CURRENT VACCINATION DOSE STATUS
63,85,298VACCINATION PEOPLE
Memorandum in behalf of {} 6
() ARGUMENTS ADVANCED ISSUE 3 (MONTH OF MAY) CASES 1.5 ACROSS LAKH TOTAL CASES – 2,80,44, DEATH RATE - 3,29,
VACCINATION 9.87 LAKH - PEOPLE GOT VACCINATED 16.73 VACCINATION DOSES
So from the above data itself we understood that the rate of death is high than earlier at the month of may even though more people get vaccinated by now. So, there is no use in getting vaccinated. What actually a vaccine should be is it should reduce the death rate and the disease should not get affected after a person is vaccinated. But what we hear and the data shows is the even after vaccinated people are getting prey to Covid-19.
This clearly shows that making the vaccine mandatory has no use. The government actually is not giving a value to the lives of the public. ISSUE- Punishment given for the expression of criticizing compulsory vaccination misinterpreted as discouraging vaccination restricts fair criticism of the govt. Section 5 of CAVA violates the freedom and movement as said in Art.19. Memorandum in behalf of {} 7
() ARGUMENTS ADVANCED ISSUE 3 will be in favour to life of the citizens instead of banding it fully. And the court cannot punish them for violating it as it is the fundamental right of a citizen.
Memorandum in behalf of {} 9
PRAYER()
Wherefore, in the light of the facts of the case, issues raised, arguments advanced and authorities cited, this Hon’ble court may be pleased to adjudicate by issuing an appropriate writ, direction or order, in nature of mandamus:
Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience.
And for this, the petitioner shall as in duty bound, forever humbly pray. Counsels for the Petitioner
Memorandum in behalf of {} 10
