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The Bombay High Court on Monday questioned whether restrictions on local train travel for the unvaccinated persons was justified and if required in the present scenario.

A division bench of Chief Justice Dipankar Datta and Justice MS Karnik asked the Maharashtra government to inform by March, 22 about the Covid-19 situation in Mumbai when the restrictions were put in place.

The bench was hearing a public interest litigation (PIL) filed by an individual, Feroze Mithiborwala, challenging the state government's decision to permit only the fully vaccinated people to use the public transport.

The bench noted that at present, the rate of Covid infection was not as high as it was in 2020 and asked,

“You (Maharashtra government) will have to address us on what was the condition then, when this restriction was first imposed, and whether it is justified today?”

Further, justifying the restrictions, the state government filed an affidavit stating that the restriction had been imposed based on expert advice.

The affidavit said that the death rates in the first, second, and third waves of the pandemic had been 2.52% of the total number of people infected, 1.26%, and 0.19% respectively. The hospitalisation rate during the three waves were 69.22%, 37.90%, and 5.67% respectively, the affidavit said.

“The conspicuously low rate of hospitalisation and fatality in the third wave may be attributed to the massive vaccination measures undertaken by the Union and the state government,” the affidavit read.

“The experts concluded after much research that vaccination provided substantial immunity against Covid-19, and the restriction on train travel on the unvaccinated was to prevent further spread of infections,” the government said in the affidavit.

“Considering the peculiar pattern of travel in local trains, where the number of passengers in each coach is more than three to five times its maximum capacity, there is no possibility of maintaining social distancing,” read the affidavit.

It further added, “Also, any unvaccinated person who is infected but is asymptomatic or, unaware, is likely to spread the infection to several of his co-passengers.”

Mithiborwala challenged the government circular dated March 1, 2022, listing the standard operating procedures and safety measures to be followed by citizens in view of the pandemic. The restriction on public transport, including local trains, for the unvaccinated has been continued in this circular.

 

Lastly, terming the restrictions as arbitrary and unconstitutional, Mithiborwala alleged that it was an “indirect attempt” on the part of the Maharashtra government to make vaccination compulsory.

The bench had previously heard batch of petitions challenging the SOPs issued by the State government prohibiting unjabbed/non-vaccinated citizens from travelling in suburban local trains.

[Case Title - Feroze Mithiborwala v. State of Maharashtra & Ors.]