Unvaccinated Passengers Banned From Entering Mumbai Local; Only Vaccinated Passengers Allowed

On Wednesday, the Maharashtra government informed the Bombay High Court that the city is not going to repeal restrictions imposed on people based on their vaccination status for boarding local trains, visiting malls or places of employment.

A division bench of Chief Justice Dipankar Datta and Justice MS Karnik, expressing disappointment at the government not paying attention to the observations made by the bench at a hearing last month. Petitioners have been allowed to challenge the government’s fresh order once it was published. The bench also allowed the government to publish the fresh order and a copy of the document was given to the court to be inspected by Senior Advocate Anil Anturkar, appearing for the state.

“We made a mistake and expressed hope and trust that the govt would take the decision. Even in the DGP matter, we could have passed an order. This is the lesson that the government has given to the court. You don’t respect the court’s sentiments. We will remember this next time,” the court made the observation and also referred to the recent appointment of IPS officer Sanjay Pandey as Commissioner of Police, Mumbai. 

In a hearing on 22nd February, 2022, the bench made the observation that the orders passed by former Chief Secretary Sitaram Kunte were made without consultation with other members of the State Executive Committee (SEC) and seemed to be in breach of the State Disaster Management Act. The bench also hoped that the committee would take a knowledgeable decision keeping in mind the current pandemic situation and certain illegal decisions which candidly violated fundamental rights.

The restrictions are still in place

According to the fresh order signed by the Principal Secretary, Department Of Revenue and Disaster Management, the SEC has made the decision of maintaining the restriction of use of public transport to only those who are fully vaccinated. The order was based on minutes of SEC meeting held on Feb 25 under the Chief Secretary, according to Auturkar. 

The bench heard two Public Interest Litigations 

The bench heard two PILs seeking to set aside Circulars and an SOP prohibiting those who haven’t taken both doses of Covid-19 vaccine from travelling by the local train. The petitions were filed by activist Feroze Mithiborewala and Yohan Tengra, member of the Awaken India Movement alleged that the Circulars were discriminatory against those who haven’t taken the vaccine and were thus in violation of the Article 14 (equality ), and Article 19 (freedom of speech and expression) and 21 (right to life) of the Constitution.