A Critical Analysis on the Right to Vaccination under Article 21 of the Indian Constitution

  • Vishal Anand
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  • Vishal Anand

    LLM student at Chanakya National Law University, Patna, India

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We have always heard that, “prevention is better than cure” but when there is no cure than prevention is the cure. The statement is very much relatable in the recent times when the whole world is fighting with a new kind of virus, generally, known as ‘COVID-19’. This COVID-19 is caused by a virus known as Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) and generally belong to the family of Coronaviruses. The sad part is that there is no permanent cure to the disease caused by the COVID-19 virus. Though the medical science has approved some medicines but it is very much difficult to stop the spread of virus amongst the people. The only hope left is now on the different vaccines available to the citizens in the current situation. It is very well clear that Right to Health comes under the ambit of Article 21 of the Indian Constitution as witnessed through the various precedents but still it has become a herculean task for the Government of India to vaccinate each and every citizen due to various reasons, out of which maximum of them are fake. Now, the question arises here is that does the Indian Government has a constitutional obligation or is under a legal duty to vaccinate all its citizens against COVID-19 or not? The answer to which, according to me, should be given in a legal, logical and scientific manner. If Right to Health is a Fundamental Right under Article 21 of the Indian Constitution, then Right to Vaccination, being one of the attributes of Right to Health, would also come under Article 21 of the Indian Constitution.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 390 - 396

DOI: https://doij.org/10.10000/IJLMH.111315

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