A Fundamental Rights Application was filed before the Supreme Court by Dr. Darini Rajasingham-Senanayake, Ranjit Seneviratne and Hiran Fernando against Keheliya Rambukwella – the Minister of Health, the NMRA, the Director General of Health Services. The primary concern is that children are a target for indiscriminate vaccination in the absence of proper data, inasmuch as all Covid-19 vaccines have only received Emergency Use Authorisation and without the rigours of full clinical trials the vaccines have not been adequately tested for safety or efficacy, especially in children. Moreover, clinical trial data has also not been disclosed to the public for an informed choice to be made.
The Petitioners also urge that vaccine mandates are repugnant to bodily autonomy and the right to self-determine what may or may not be injected. Voluntary consent, being consent that is meaningful, valid and informed, is essential.
The DGHS in his Affidavit to the Supreme Court submits that the vaccination program of the State is not mandatory and that the vaccine has been administered whilst preserving the autonomy and right to self-determine the acceptance of vaccines. He further submitted that the Ministry of Health has not issued any law, regulation or communication mandating vaccination.
The Petitioners in their Counter Objection have submitted that the Minister of Health was reported in the press as saying that receiving two doses of the vaccine will be mandatory from the next year and that there is no barrier to making the vaccination certificate mandatory when visiting public places. The Petitioners also highlight that the Pfizer trials were not carried out on South Asian populations living in South Asia with no evidence of vaccine trials done in Asia.
When the matter was taken up before the Supreme Court comprising of Thurairajah PC J., Shiran Gooneratne J. and Wengappuli J., on December 15, 2021 the Court inquired from the Attorney General as to the final authority in whom the responsibility for vaccinations rest. Viveka Siriwardene PC. ASG, representing the Respondents informed the Supreme Court that the DGHS is in charge of the entire vaccination programme and will be answerable for all activities of the Government.
The Court also observed that the DGHS’ Affidavit stated that vaccination will not be mandatory. The Court also went on to observe and request that to avoid confusion it is preferable for the DGHS to make all communications on behalf of the State and that any person making statement or communique without the approval of the DGHS will be responsible for same. The Court also recorded that for purpose of clarification it has clarified that the vaccination is not mandatory.
The case will now be taken up on 11.01.2022. Dr. K. Kanag-Isvaran PC with Nigel Bartholomeusz, Dilshani Wijayawardana and Laskhmanan Jeyakumar instructed by Moahan Balendra appeared for the Petitioners. Viveka Siriwardana PC, ASG, with Shiloma David, SC, appeared for the Minister of Health, DGHS, NMRA and the AG.
a14455 / December 24, 2021
Wow I doo not realize ms Cray Cray would actually go to the supreme court.
old codger / December 24, 2021
Wow! It seems that the Princeton Medical Anthropologist (with specialization in Diego Garcia and undersea cables) is willing to stand up for her right to die of Covid. No problem.
Sarath / December 24, 2021
Sri Lanka’s total Covid death toll as at yesterday was 14,832 according to online media. Total Covid cases recorded on the island so far has been put at 582,149. The figures are based on official Ministry of Health releases.
Yet we have a self-appointed “social and medical anthropologist”, in other words a serial pest, yelling out loud in any open forum that the Covid pandemic is farce.
The individual is on record as having said that even if such a virus exists, it could never come to Sri Lanka because the island is situated in a favoured geographical meridian. She also told us that Sri Lankans are Covid proofed because of the BCG vaccine and that the tropical sun kills any such virus. She forcefully dissuaded Sri Lankans from wearing face masks because, according to her, they rob us of life-giving oxygen.
Then sometime last year she scoffed at the predictions of medical specialists who warned of a coming Covid disaster by claiming that such forecasts were absurd because “only 19 deaths” had been recorded at the time.
Now the country’s judicial system is being abused in order to carry forward her reckless and misbegotten theories.
This is narcissism at its utmost manifestation. Such narcissistic persons struggle and suffer because they are frustrated and bitter at being proved wrong.
a14455 / December 25, 2021
As Much as I don’t agree with her views, She does have the right to have those views. and if she decides to use the legal system why not?
Buddhist1 / December 24, 2021
What an idiotic statement by Keli- Keheliya! If vaccination is not mandatory, how could the Govt have charged people who violated the Covid rules?
Buddhist1 / December 26, 2021
If Covid vaccinations are not mandatory why did they force the MPs in Parliament to get the vaccination? It’s not mandatory for the citizens but mandatory for MPs? What a stupid joke!
chiv / December 27, 2021
Buddhist 1, is Keli- Keheliya’s statment, an opening for vaccinated people to counter sue the Government???? They just payed more than $ 6 million for organic shipment, they never received.
Simon / December 24, 2021
“Covid 19” is declared a “Pandemic” by the WHO. It is “Communicable” from person to person and preventive measures including “Personal Distancing,”Community Gatherings” and preventive “Vaccinations” are advised.
These “Petitioners” are claiming the “Right” to “Refuse” any of the above including the administration of “Approved” vaccines.
That is FINE. What about the “RIGHTS” of those who want to take preventive measures including the “”Approved” vaccines? Can those people “OPT” for prevention, “PROSECUTE” those who “REJECT” preventive measures for “WILFUL” avoidance, and “SPREADING” the virus by way of interacting with the community? Possibly another “Court Case” to claim the “RIGHTS” of those who want to avoid the pandemic. So whose “RIGHTS” come FIRST?
Fernando20 / December 25, 2021
Their main concern is that the vaccines have only received emergency use authorization because they haven’t been tested in the same mandatory way as all other vaccines are tested. As such no one knows about potential side effects because the authorities are refusing to disclose the data that the pharmaceutical companies put forward to get the covid vaccines approved. That being the case do you really want children vaccinated with untested drugs?. And how are the rights of the vaccinated violated because the vaccines are meant to offer protection, right?. For your information, the vaccinated can also spread the virus to others.
MyView / December 26, 2021
.. What about the “RIGHTS” of those who want to take preventive measures including the “”Approved” vaccines?…..
This court action does not preclude that. Their rights (pro group) are not questioned.
The primary concern is that children are a target for indiscriminate vaccination in the absence of proper data, by making it mandatory.
Because the children are not considered of an age to determine for themselves that there is a classification of ‘minors’ in the legal lexicon.
justice / December 25, 2021
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Champa / December 25, 2021
The insane Rajapaksa government brings insane laws to oppress citizens.
The latest is the mandatory vaccine cards to enter public places!!!!!!!
Public places are unrestricted places, accessible to the public for preserving their life, health and well-being . E.g.: hospitals, groceries, veggie markets, pharmacies, roads, retail stores, public transport, etc. The government should be aware that people have a constitutional right to access public places.
It is insane, inhumane and insensitive to ask people to show proof of vaccination to use public places.
In fact, in a country where 90% of the population use local herbal medicine for respiratory related illnesses, people should be exempted from Covid-19 vaccines for medical reasons, and Sinhala indigenous doctors, Ayurvedic doctors and Allergists/Immunologists should be allowed to issue such exemptions to the public.
In the meantime, face mask wearing and two-metre rule should be strictly enforced.
Nathan / December 26, 2021
Logical and clear thinking is necessary, on this subject.
Vaccine is an answer dished out by scientists. The mRna Vaccines have been declared safe and effective.
Health care professionals are most competent to decide the measures that need be enforced. They must be having reasons for their decisions. Let us not make health and well-being of citizens a political football.
old codger / December 26, 2021
So you don’t believe in vaccination ?
Oh well, we will miss you here on CT.
Native Vedda / December 26, 2021
Haven’t you heard about the nutters on fringe, like the Trump’s tea party populist movement, wreaking havoc at US capital, born again, ….
Here we also have a few born again religious nutters.
Champa / December 26, 2021
I have written about vaccines before. This is what I wrote last October. “Although nobody knows for how long, there is proof that Covid vaccines have reduced transmission & hospitalizations in some countries.”
I thought you stand for human rights.
Covid-19 vaccines are not mandatory in any country, and non-vaccinated people are not barred from visiting public places (listed in my first comment). In other countries, proof of vaccination is mandatory only when visiting non-essential places.
Other countries have allowed vaccine exemptions for medical, ethical and religious reasons.
Sri Lanka should do the same.
What is mandatory should be face mask wearing, two-metre rule and RAT/PCR tests, especially at provincial borders and airports.
a14455 / December 25, 2021
Something very strange is happening in the world. look at this map .
https://www.nytimes.com/interactive/2021/world/covid-cases.html – Date 12-25-2021
All the countries that are having a surge largely are using the mRna Vaccines ? and to a certain degree Astra Zenica ?
Why are our medical professionals trying their best to get more and more Pfizer down ? does it not look like the Sinopharm gave more real-world protection than the antibodies do tell?
I know the standard answer will be that the data in the rest of the world is not correct or late but I call BS on that.
Sarath / December 27, 2021
Addendum to my earlier comment:
A baffled CT reader wanted to know if all pronouncements I had attributed to the self-appointed “social and medical anthropologist” were true. My reply was: Click on her CT byline and go through her archived contributions and you will find everything in black and white. You will also find that the “untiring researcher” even claims she visited AF Raymond’s many moons back to triumphantly declare that she didn’t find any Covid deaths there. In other words, people aren’t dying of Covid.
However wading through her confused and muddled contributions will need special and patience.
chiv / December 28, 2021
Sarath is absolutely right. There are altars of DRS (other than the one still active) which appeared at the onset and apparently died along with the Virus. Dinuk waiting for your deep state conspiracy theory ???