India: Tamil Nadu digs up 1939 law, to tell Supreme Court vaccination mandate is legal

The Times of  India

NEW DELHI: The Tamil Nadu governmnt invoked its 1939 law to impress upon the Supreme Court on Monday that making Covid vaccination mandatory is legal and justified its decision to bar unvaccinated people from accessing public places under Tamil Nadu Public Health Act.

Defending its decision which has been challenged in SC by ex-NTAGI member Jacob Puliyel, the government said Section 76 of the Tamil Nadu Public Health Act, 1939 empowers the government to confer special powers on officers to control notified diseases and Section 76(2)(b) empowers the government to make vaccinations compulsory.

Responding to the PIL filed against vaccine mandates issued by various states, Tamil Nadu’s additional advocate general Amit Anand Tiwari in his submission said, “It’s submitted that the state has come out with the said mandate for the reason that vaccination against Covid is essential to prevent serious disease in the population…”

In a move to make Covid-19 vaccination compulsory for those eligible, the directorate of public health and preventive medicine has invoked provisions under the Tamil Nadu Public Health Act, 1939, to ensure that public places, including markets, theatres and factories, are occupied only by those vaccinated against Covid-19.

Justifying the decision, the state stated, “The circular issued by the state is a precautionary and preventative measure.”

https://timesofindia.indiatimes.com/india/tamil-nadu-digs-up-1939-law-tells-supreme-court-vaccination-mandate-is-legal/articleshow/90362960.cms