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Indian Lawyers and Human Rights Activists’ Association (ILHRAA) issues Legal notice to organizers of Tata Mumbai Marathon for putting a pre-condition of full vaccination for registration of the marathon application.
After the decision of Jacob Puliyel vs Union of India the pre-requisite of vaccination is a gross contempt of the guidelines of the Supreme Court which has specifically prohibited any kind of discrimination between vaccinated and unvaccinated individuals.
The Notice has asked the title Sponsors to immediately cease and desist from committing any further Contempt of Supreme Court and violating the fundamental rights of the marathon applicants and their representatives by keeping full vaccination as a precondition for their participation in such a public event. Otherwise the members of the organization will be constrained to take legal action against Tata Sons, Tata Consultancy Services and other title sponsors of the event.
It is a choice of every person to refuse to get vaccinated or refuse any treatment which is suggested by the government. No one can force them. No authority or courts in India can ask any person to give reasons for not getting vaccinated. It is an integral part of the fundamental right of each person under Article 21 of the Constitution and no law in future cannot be brought to take away this right.
Update: It’s Great to note that after sending a legal notice on 30th November 2022 by the President of the Indian Bar Association Advocate Nilesh Ojha Sir and Adv Sohan Agate via the Indian Lawyers and Human Rights Activists’ Association complainant Awaken India Movement NSC Member Ambar Koiri, Tata Mumbai Marathon organisers within a single day of receiving the notice i.e on 1st December have changed the rules to participate in the Mumbai Marathon in Jan 2023 and have now DELETED THEIR REQUIREMENT OF PARTICIPATION OF ONLY VACCINATED INDIVIDUALS.
There is no requirement of producing vaccination certificate on their entry rules any more.