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Company asking for vaccination proof?

(Use this as a template to respond to company asking for vaccination proof - FOR INDIA ONLY. If you are outside India, find equivalent laws in your country and draft the respons)


How have you been?

On the 2nd part of your email requiring vaccine certificate to be uploaded on the company portal as a mandatory action in order to gain entry to the premises is against multiple Indian & International Laws/ codes( Nuremberg ) and supreme court judgment. This is purely unscientific, unconstitutional, unfair and discriminatory in nature.

Under the section 42a & 72a of Information Technology Act, 2000 , My medical information is my personal confidential information( SPDI), and under SDPI rules 2011( rule 3,4,5) I have the right to not share it with a non-medical professional and this cant be forced or pre-requisite for a non-medical related service/benefit/ entry etc.

Summarizing the Apex court order and judgment to save you some time :

Supreme Court verdict on Writ Petition (Civil) No. 607 of 2021, Jacob Puliyel v/s Union of India & Others. (Downloaded copy attached here, date 02 May 2022)

Quoting: “

1. No submission nor any data has been put forth to justify restrictions only on unvaccinated individuals when emerging scientific evidence appears to indicate that the risk of transmission of the virus from unvaccinated individuals is almost on par with that from vaccinated persons. To put it differently, neither the Union of India nor the State Governments have produced any material before this Court to justify the discriminatory treatment of unvaccinated individuals in public places by imposition of vaccine mandates.

2. We (The Supreme Court) are of the opinion that the restrictions on unvaccinated individuals imposed through vaccine mandates cannot be considered to be proportionate, especially since both vaccinated and unvaccinated individuals presently appear to be susceptible to transmission of the virus at similar levels.

3. It has come to our knowledge that since the judgment in this matter was reserved, the National Disaster Management Authority took a decision that there may not be any further need to invoke provisions of the DM Act for COVID-19 containment measures, taking into consideration the overall improvement in the situation.

4. Till (...) any new development or research finding comes to light which provides the Government due justification to impose reasonable and proportionate restrictions on the rights of unvaccinated individuals (…), we suggest that all authorities in this country, including private organisations and educational institutions, review the relevant orders and instructions imposing restrictions on unvaccinated individuals in terms of access to public places, services and resources.

5. The Union of India made it clear in the counter-affidavit that vaccination is voluntary

“ Unquoting

This Is all apart from the proof of vaccines being highly ineffective while doing more damage to health than benefit including and not limited to Pericarditis, blood clots, myocarditis, GBS, optic eye nerve damage, Kidney damage, heart attacks, cardiac arrests and death etc. Let me know if you need the evidence on the same. I believe the 1st two points should be enough to remove any such unscientific pre-requisites.

I know that the company respect that the law of the land and will consider the above points to nullify this process for everyone with immediate effect. Shall look forward to meeting you all in person at the campus.

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