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HC dismisses PIL filed on the basis of mere social media news

Case Law Details

TaxGuru Citation
2022 taxguru.in 1859
Case Name
Thampi V. S. Vs State of Kerala (Kerala High Court)
Date of Judgement/Order
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Thampi V. S. Vs State of Kerala (Kerala High Court)

Petitioner, approached this Court with an allegation that respondents are attempting or devising to vaccinate every child in Kerala, irrespective of whether their parents give consent to it or otherwise.

It is pertinent that not a single specific incident or instance has been impelled by the petitioner and he appears to be acting on some information which he has obtained through the social media. It is also uncontested that none of the media has reported any instance of protest against “forcible” vaccination and we do not think that a speculative cause of action, as projected by the petitioner, should engage us, especially during a vacation sitting.

Since no parent has approached this Court until now complaining of force employed by the authorities to vaccinate any child, we can only treat the allegations of the petitioner to be conjectural and speculative.

Needless to say, the rights of children, as also that of their parents, are well recognised under our Constitution and the Hon’ble Supreme Court has also spoken recently that no one can be vaccinated against his/her consent. We are certain, therefore, that nothing remains for us to consider in this writ petition and therefore, close it without any further orders.

FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT

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