this is a document which deals with the covid vaccine which violates certain rights ., Cheat Sheet of Mock Trial and Moot Court

Download this is a document which deals with the covid vaccine which violates certain rights . and more Cheat Sheet Mock Trial and Moot Court in PDF only on Docsity! TEAM CODE :84 INTRA-COLLEGE MOOT COURT COMPETITION IN THE HON’BLE SUPREME COURT OF INDIA ~~ No.____/20^ SPECIAL LEAVE PEITION Under Article 136 of the Constitution of India Petitioner Simon vs. Respondent State of Bharat BEFORE SUMISSION TO HON’BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA MEMORANDUM ON BEHALF OF THE PETITIONER () TABLE OF CONTENTS TABLE OF CONTENTS ………………………………………………………………………………i LIST OF ABBREVIATIONS ………………………………………………………………………….ii INDEX OF AUTHORITIES …………………………………………………………………………..iii a. Cases Cited …………………………………………………………………………..iii b. Books and Treatises …………………………………………………………………..iii c. Legal Databases ……………………………………………………………………..iii STATEMENT OF JURISDICTION ……………………………………………………………………..iv SYNOPSIS OF FACTS ………………………………………………………………………………v SUMMARY OF ARGUMENTS ………………………………………………………………………vi ARGUMENTS ADVANCED ………………………………………………………………………….1 Issue 1 …………………………………………………………………………………….1 Issue 2 …………………………………………………………………………………….2 Issue 3 …………………………………………………………………………………….3 Prayer …………………………………………………………………………………………..5 Memorandum in behalf of {} i TABLE OF CONTENTS () STATEMENT OF JURISDICTION The Hon’ble Court has the jurisdiction to hear the matter under article 136 of the constitution as the petitioner has approached the S.C under the mandatory vaccination said in the CAVA act. As this act violated or infringes the fundamental right of people and also punishment for those who are expressing their views. The Article 19 says about the protection of certain rights regarding freedom of speech etc. Article 19 is the most important and key article which embodies the “basic freedoms”. Article 19(1) provides that all citizens shall have the right- (originally 7, now 6)  to freedom of speech and expression;  to assemble peaceably and without arms;  to form associations or unions;  to move freely throughout the territory of India;  to reside and settle in any part of the territory of India;  omitted by 44thamendment act. (it was right to acquire, hold and dispose of property)  to practice any profession, or to carry on any occupation, trade or business. Freedom of speech and expression:  Article 19 of the constitution provides freedom of speech which is the right to express one’s opinion freely without any fear through oral / written / electronic/ broadcasting / press.  The Constitution does not make any special / specific reference to the Freedom of Press. The protagonists of the “free Press” called it a serious lapse of the Drafting committee. However, the freedom of expression includes freedom of press. Dr. Memorandum in behalf of {} iv STATEMENT OF JURISDICTION STATE ENT F JURISDICTION () STATEMENT OF JURISDICTION Ambedkar in this context had said on speaking behalf of the Drafting Committee that the press had no special rights which are not to be given to an individual or a citizen. Dr. Ambedkar further said that the “editors or managers of press are all citizens of the country and when they chose to write in newspapers, they are merely expressing their right of expression”.  So, the word expression covers the Press. In modern times it covers the blogs and websites too. Landmark cases related to expression are Prabha Dutt v. Union of India ((1982), Romesh Thapar v. State of Madras, (1950). Freedom of Movement: The freedom of movement is guaranteed by the constitution and citizens can move from one state to another and anywhere within a state. A person free to move from any point to any point within the country’s territories. There are certain exceptions such as Scheduled Tribes areas and army areas. Right to employment and livelihood: The Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, both of which were acceded by India, in Article 23 and Article 6 respectively, recognise the right to work in an employment of one’s choice and the State’s responsibility to safeguard this right. However, the Indian Constitution does not explicitly recognise the ‘right to work’ as a fundamental right. It is placed in Part IV (Directive Principles of State Policy) of the Constitution under Article 41, which hence makes it unenforceable in the court of law. Despite the absence of an express wording of the ‘right to work’ in Part III (Fundamental Rights) of the Constitution, it became a ‘fundamental right’ through a judicial interpretation. Memorandum in behalf of {} v () SYNOPSIS OF FACTS 1. Simon the petitioner who had filed the case is a law student and is also an ardent campaigner for civil liberties and freedom. He used to use his mobile mainly for to make call in which a familiar voice used say that importance of getting vaccinated to fight against Covid-19. Only some methods where adopted by the state to campaign again Covid-19 (like Caller tunes, T.V advertisements, posters, announcement in radios etc). Even though the imposition of lockdown slows down the transmission rate still that was just a temporary solution in a Bharat like ours which has 1.36 billion of population. 2. In the month of February 2021, UNO approved CoviSafefor as an emergency use by the mid of pandemic to fight against Covid-19. Several scientists say about the inefficacy of this against to the new mutated virus and also, they don’t have the sufficient data to show its efficiency which may have several health hazards in long run. 3. The government gave approval for it on the basis of research data that was submitted and made by the manufactures of vaccine after the clinical trial but the public they are hesitant to take the vaccine as it is having unverified reports in which the vaccine causing blood clotting, pulmonary issues in the body that too more seen in person who are having cardiac issues. Later in 2021 June, the govt too admitted it. 4. After the govt declaration the people felt that developing immunity against the virus naturally is far better than injecting it to the body which made the govt of Bharat to pass a statute called CAVA 2021 to boost the fight against the Covid-19 pandemic. 5. In CAVA  Sect. 3 says that the people who are vaccinated successfully should be given a vaccine certificate.  Sect.5 says that for a period of six months from the day of enactment a negative RT-PCR test or Vaccination certificate is compulsory for Memorandum in behalf of {} vi SYNOPSIS OF FACTS () SUMMARY OF ARGUMENTS pain, fever with the normal effects of vaccine such as redness at the part where vaccine is injected. The data also says that the Covisafefor is having only an efficacy of 81.3% and that too not trusted source. Even the doctors are not aware about how it will affect in future and the balance % of 81.3%. Issue 4 Compulsory vaccination should be administered after the prolonged scientific studies After making vaccine mandatory by the government also the death rates are increasing. When looking at the data of current month and the may month of 2021 we can see that in the month of aug more people got vaccinated still the death is more compared to the month of May in which the number of vaccinated people was compared to the month of August. Issue 5 Punishment given for the expression of criticizing compulsory vaccination misinterpreted as discouraging vaccination restricts fair criticism of the govt. The CAVA act actually violates the right to freedom of movement, right to employment and livelihood, right to speech and expression and the right of choice. By making the vaccine mandatory it made people difficult to travel to inter-state without a vaccine certificate. It also made certain people who works in certain sectors difficult by making the vaccination mandatory which stayed like a thread to their livelihood. The government compulsory banded any kind of expression of citizens view on vaccine by bringing punishment of 6 months imprisonment, fine etc. above all it is the freedom a person to choose whether to be vaccinated or not which was violated by the government fully. Memorandum in behalf of {} ix () ARGUMENTS ADVANCED ISSUE 1 ISSUE 1 Did the Government conduct any awareness campaign? The primary duty of government is to create awareness when they are under a condition like covid-19 but they haven’t done it. They just waited till the incubation period over and finally getting the whole country in to lockdown. The government had generated awareness only through social medias, Caller tunes, messages, television advertisements, radio announcements, posters etc., about the importance of taking vaccine. The Govt. could have avoided the mass spreading of it when it was found in India by creating awareness from local to central place that is from the gram panchayat till the centre. Even in remote areas they should have done as there are some people who are still not aware of What actually it is? How it will affect our body if it gets infected? In Afghanistan the awareness campaigns help in preventing the Covid-19 disease. They have done the following to prevent Covid to an extent.  Afghanistan has redeployed two leading development programs to promote health recommendations to fight COVID-19 in thousands of rural and urban communities.  Awareness campaigns have helped dispel misinformation about the coronavirus while promoting precautionary measures like frequent hand washing and wearing masks.  In several Afghan provinces, women who attended awareness sessions have turned to producing masks for their communities to help prevent COVID-19 outbreaks. Memorandum in behalf of {} 1 ARGUMENTS ADVANCED () ARGUMENTS ADVANCED ISSUE 1 The Citizens’ Charter and the Women’s Economic Empowerment – Rural Development Project (WEE-RDP) are at the forefront of running public awareness campaigns in rural areas. The Independent Directorate of Local Governance is responsible for the Charter’s campaigns in cities and urban areas Memorandum in behalf of {} 2 () ARGUMENTS ADVANCED ISSUE 3 mRNA-1273 Moderna mRNA 94.5% TAK-919* Takeda mRNA 94.5% Ad26.COV2.S Janssen (Johnson & Johnson) Viral vector 66% AZD1222 (Vaxzevria) Oxford-AstraZeneca Viral vector 81.3% Trusted Source Covisafefor Serum Institute of India Viral vector 81.3% Ad5-nCov CanSino Viral vector 65.28% Sputnik V Gamaleya Viral vector 91.6% Trusted Source Sputnik Light Gamaleya Viral vector 79.4% Covaxin Bharat Biotech Inactivated 80.6% BBIBP-CorV Sinopharm (Beijing) Inactivated 79.34% Trusted Source Inactivated (Vero Cell) Sinopharm (Wuhan) Inactivated 72.51% CoronaVac Sinovac Inactivated 50.38% CoviVac (KoviVac) Chumakov Center Inactivated Unknown QazCovid-in (QazVac) Kazakhstan RIBSP Inactivated Unknown SARS-CoV-2 Vaccine (Vero Cells) Minhai Biotechnology Co Inactivated Unknown COVID-19 inactivated vaccine (COVIran Barekat) Shifa Pharmed Industrial Co Inactivated Unknown RBD-dimer Anhui Zhifei Longcom Protein subunit Unknown EpiVacCorona FBRI Protein subunit Unknown CIGB-66 (Abdala) Center for Genetic Engineering and Biotechnology Protein subunit 92.28% MVC-COV1901 Medigen Protein Unknown Memorandum in behalf of {} 5 () ARGUMENTS ADVANCED ISSUE 3 subunit The Covishield is having only an efficacy of 81.3% and that too it is not having a trusted source when compared to other vaccines of Covid. Even the doctors are unaware of the side effects of the balance 18.7%. ISSUE-4 Compulsory vaccination should be administered after the prolonged scientific studies CURRENT CASES ACROSS INDIA 3,19,551 14,373  ACTIVE CASES (0.98%) TOTAL CASES 3,24,74,773 25,467  DEATHS (1.34%) 4,35,110 (354 ) CURRENT VACCINATION DOSE STATUS 63,85,298VACCINATION PEOPLE 58,89,97,805TOTAL VACCINATION DOSES Memorandum in behalf of {} 6 () ARGUMENTS ADVANCED ISSUE 3 (MONTH OF MAY) CASES ACROSS 1.5 LAKH TOTAL CASES – 2,80,44,137 DEATH RATE - 3,29,026 VACCINATION 9.87 LAKH - PEOPLE GOT VACCINATED 16.73 VACCINATION DOSES So from the above data itself we understood that the rate of death is high than earlier at the month of may even though more people get vaccinated by now. So, there is no use in getting vaccinated. What actually a vaccine should be is it should reduce the death rate and the disease should not get affected after a person is vaccinated. But what we hear and the data shows is the even after vaccinated people are getting prey to Covid-19. This clearly shows that making the vaccine mandatory has no use. The government actually is not giving a value to the lives of the public. ISSUE-5 Punishment given for the expression of criticizing compulsory vaccination misinterpreted as discouraging vaccination restricts fair criticism of the govt.  Section 5 of CAVA violates the freedom and movement as said in Art.19. Memorandum in behalf of {} 7