The Allahabad High Court recently rejected a petition seeking a direction to the state of Uttar Pradesh to bring a legislation to compensate the Covid-19 vaccinated individuals in case of loss/ sufferings, noting that a direction cannot be given to legislate law.
The division bench of Justice Sanjay Yadav and Justice Jayant Banerji passed this order while hearing a PIL filed by Gajendra Singh Yadav.
The Court said that drawing inference from the United States of America having National Childhood Vaccine Injury Act 1986 and other countries having similar enactment to ensure compensation to person who suffer any loss/ injury due to side-effect of any vaccine, the petitioner, a law student, vide present PIL seeks direction to the state of Uttar Pradesh to have similar provisions to compensate Covid-19 vaccinated individual.
It is urged that presently mass drive is carried out to vaccinate one and all, and with large-scale vaccination the life and personal liberty of individuals will be at peril and to protect the same, the petitioner seeks an order to the State of Uttar Pradesh to have statutory provisions in other word legislation to compensate the individuals in case of loss/ sufferings.
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The reliance was made on the Apex Court’s rulings in the cases of Bal Ram Bali & Anr. v. Union of India AIR 2007 SC 3074, V.K. Naswa v. Union of India (2012) 2 SCC 542 and Manoj Narula v. Union of India (2014) 9 SCC 1 to drive home the point that neither the Court can legislate, nor it has any competence to issue directions to the legislature to enact the law in a particular manner.
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The bench also reliance the recent ruling of Allahabad High Court in the case of Hindu Personal Law Board Thru Pres. Ashok Pandey (In person) vs. Union of Bharat Thru Secy. Home Affairs Ministry New Delhi P.I.L. Civil No. 2084 of 2021.
The bench stated that Courts have very limited role with regard to judicial legislation since neither the Courts can legislate nor they have any competence to issue directions to legislature to enact a law in a particular manner.