Kerala HC clarifies that unvaccinated people can also move out of their houses for essential activities

On August 4th, 2021 the State Government of Kerala had issued a notification placing restrictions on unvaccinated people from leaving their houses/compounds. Clause IV of the said order reads as such:

"Only a person who has taken at least one dose of Covid-19 vaccine before two weeks, or who are in possession of RT-PCR negative certificate taken 72 hours before or who is in possession of Covid-19 positive result more than a month old will be allowed inside (workers/visitors) in shops, markets, banks, public and private offices, financial institutions, factories, industrial establishment, open tourist spaces, and other establishments."
A petitioner approached the High Court stating that he was suffering from a drug allergy and had, therefore, delayed taking a vaccine till he was sure of the effects on his body. In the interim, restraining him within his house would amount to an infringement of Article 21 of the Constitution as it would virtually put the petitioner and other unvaccinated persons under house arrest.

On August 11th, 2021 the High Court observed that unvaccinated persons may move out of their residences for essential activities as per the Government Order. In the same breath, the High Court directed the State Counsel to ensure that a protocol is devised for people who face such drug allergies.

The order is yet to be uploaded by the High Court.

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