COVID norms for going outside meant to protect public health: Kerala HC

Justice P B Suresh Kumar said the state has laid down these guidelines ''to protect the health of the public at large'' as it has an obligation to do so. 

The court was hearing a plea moved by a KTDC employee who refuses to get vaccinated and at the same time was not in favour of getting a RT-PCR every 72 hours, which was not a pleasant experience, for going to work. 

He has contended that he has the right to refuse to be vaccinated and not taking a vaccine should not affect his right to livelihood. 

He has sought setting aside of the COVID guidelines or to permit him to report for work without having to undergo a RT-PCR test every 72 hours. 

Earlier, on August 11, a similar plea was moved before the court by a 25-year-old businessman who had contended that he cannot be compelled to get at least one dose of vaccine or a negative RT-PCR report not older than 72 hours to step out of his home for work. 

The petitioner - Akhil Varghese - contended that he would get vaccinated at his convenience. 

In that matter, the court on August 12 while issuing notice to the state and seeking its stand, had observed that ''larger public interest was at stake''. 

''Either get vaccinated or get a negative RT-PCR test every three days,'' the court had observed. That plea is still pending. 

In the latest plea, the KTDC employee's lawyer -- advocate Ajit Joy -- on Wednesday told the court that his client has had to take four RT-PCR tests till now for reporting to work. 

Joy also argued that since even a fully vaccinated person can also get infected and can spread the infection, therefore, there was no difference between someone who has been inoculated with two doses and someone who has not taken even one jab. 

He also said that his client was following all the social distancing norms while going out and was also adhering to COVID-19 lockdown instructions. 

However, the guidelines insisting on at least one dose of vaccine or a negative RT-PCR report not older than 72 hours or a COVID-19 positive result more than a month old for going to work or to a shop or any other establishment, were ''arbitrary''. After the lawyer for the state government sought time to argue, the court listed the matter for hearing on Thursday afternoon.