Do We Know Of Our Right To Make Decisions About Our Medical Treatment?

Authored by Deepika.

It is a well known fact that health care decisions should be the individual’s decision. The doctors can provide the information and advise about the treatment, however the individual has the right to choose. One can say “yes” to treatments one wants, and can say “no” to any treatment he doesn’t want.

Doctors must tell us about the medical condition and about all possible treatments available. Many treatments have “side effects.” Doctors must offer the information about serious problems that medical treatment is likely to cause. Often, more than one treatment might help and people have different ideas about which is best. The doctor can tell which treatments are available, but the doctor can’t choose for his patient. That choice depends on what is important to the patient. An adult person having mental capacity to take a decision can exercise his right not to take treatment or withdraw from treatment.

A Person Has A Right To Choose Medication Of His Choice

One has a right to receive treatment of his choice and hence, vaccination cannot be forced upon him. Making vaccine mandatory and forcing upon an individual will be contrary to the judgment of the Supreme Court:

1. In the context of health and medical care decisions, a person’s exercise of self-determination and autonomy involves the exercise of his right to decide whether and to what extent he/she is willing to submit himself/herself to medical procedures and treatments, choosing amongst the available alternative treatments or, for that matter, opting for no treatment at all which, as per his or her own understanding, is in consonance with his or her own individual aspirations and values.
2. All adults with capacity to consent have the right of self-determination and autonomy. The said rights pave the way for the right to refuse medical treatment which has acclaimed universal recognition. A competent person who has come of age has the right to refuse specific treatment or all treatment or opt for an alternative treatment
3. Other facets of human dignity, namely, “self-expression” and “right to determine” also support the argument that it is the choice of the patient to receive or not to receive treatment
4. The entitlement of each individual to a dignified existence necessitates constitutional recognition of the principle that an individual possessed of a free and competent mental state is entitled to decide whether or not to accept medical treatment. The right of such an individual to refuse medical treatment is unconditional. Neither the law nor the Constitution compel an individual who is competent and able to take decisions, to disclose the reasons for refusing medical treatment nor is such a refusal subject to the supervisory control of an outside entity
5. Right of self-determination also encompasses in it bodily integrity. Without consent of an adult person, who is in fit state of mind, even a surgeon is not authorized to violate the body. Sanctity of the human life is the most fundamental of the human social values

Are Vaccines Mandatory?

1. The Ministry of Health and Family Welfare on its website under the heading “Frequently Asked Questions on Covid-19 Vaccine” has stated that the Covid-19 vaccine is voluntary. The link to the FAQ’s Ministry of Health and Family welfare (MOHFW) is – https://www.mohfw.gov.in/pdf/FAQsonCOVID19VaccineDecember2020.pdf#search/voluntary/_blank
2. Judgements of the Supreme Court of India, High Courts of Delhi and Kerala state that vaccination is voluntary and with informed consent. Refer to https://awakenindiamovement.com/wp-content/uploads/2021/06/LETTER-TO-AUTHORITIES-Final.pdf
3. Refer to the RTI replies stating that vaccination is voluntary
   https://awakenindiamovement.com/wp-content/uploads/2021/06/Annex-1-Chapter-1-RTI-Anurag-Sinha-9-March.pdf
   https://awakenindiamovement.com/wp-content/uploads/2021/06/LETTER-TO-AUTHORITIES-Final.pdf

Coercion Is Illegal

Any coercion of people to take SARS-CoV2 mRNA gene therapies/vaccines, whether directly through government legislation, or indirectly through government, police, and army directions, such as COVID19 Passports or by forced injection or coerced injection, without full consent, free consent and informed consent, is unlawful, immoral and unethical.

A perusal of the RTI replies makes it is clear that the Union of India has made the vaccination drive completely voluntary, to coerce someone to take vaccine is not only contrary to the guidelines of the Union of India but violative of Article 14 and 21 of the
Constitution of India.

Source And Credit:

Awaken India Movement – https://awakenindiamovement.com/wp-content/uploads/2021/06/LETTER-TO-AUTHORITIES-Final.pdf

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