A university academic today filed a Fundamental Rights petition in the Supreme Court seeking an order staying the operation of the gazette notification preventing unvaccinated people from entering public places.
Don Felex Marcian Jayatilleke, a University Academic by profession with approximately 28 years of service as a Lecturer attached to the Department of Mathematics and Philosophy ofthe Faculty of Engineering Technology at the Open University of Sri Lanka filed this petition naming Health Minister Keheliya Rambukwella, Ministry Secretary Dr. S.H. Munasinghe and several others as respondents. The petitioner said he has consistently relied upon Ayurveda and Traditional Sinhala Medical Systems in securing his personal health.
On January 25, 2022 the health minister had issued an Extraordinary Gazette preventing unvaccinated people from entering or being in public places. According to the gazette notification, people must have proof of being fully vaccinated against COVID-19 in order to enter public places starting 30 April.
The petitioner expressed his belief that the most promising methods to face the health risks caused by the coronavirus is to rely on the time-tested Sri Lankan medical knowledge used for centuries and approved in Sri Lanka, including systems such as Allopathy-Western Medical System, Ayurveda, Siddha, Unani, Traditional Sinhala Medical System, Homeopathic.He states that in accordance with such belief, for a considerable period of time the Petitioner has consistently relied upon Ayurveda and Traditional Sinhala Medical Systems in securing his personal health.
The petitioner states that in or about December 2021, his family members and himself were found positive for the coronavirus per rapid antigen testing. The petitioner states that, in keeping with their beliefs, his family members and himself solely relied upon Ayurveda, Traditional Sri Lankan Medicines, and natural ingredients prescribed by accredited Sri Lankan physicians, and were cured within a week.
The Petitioner states that the impugned regulations are arbitrary, disproportionate and an abuse of power, which would both directly and consequentially breach Fundamental Rights of the Petitioner and of the general public provided in Article 10, Article 11, Article 12 (1), Article 12 (2), Article 14 (1) (c), Article 14 (1) (e), Article 14 (1) (f), Article 14 (1) (g) and Article 14 (1) (h) of the constitution.
The said Gazette, dated 25.01.2022, solely allows free access, ingress use of public places to persons who are “fully vaccinated” as specified by the Director-General of Health Services. The said Gazette, dated 25.01.2022, completely ignores and omits providing similar access, ingress and use of public places to persons who have thought and belief in and have chosen to rely upon the means and remedies prescribed by accredited practitioners of the other lawfully recognised and provided medical systems contained in the Ayurveda Act (No. 31 of 1961) and the Homeopathy Act (No. 7 of 1970), the petitioner said.
The Petitioner states, therefore, the Gazette dated 25.01.2022 issued by the Minister of Health mandating full coronavirus vaccination, violates the fundamental right of the general public and the Petitioner to choose a medical system or systems which they through thought and/or belief adhere to.
The petitioner further said in keeping with his beliefs, which are based on his professional knowledge, expertise and experience, he has not taken any doses of any vaccine pertaining to the coronavirus.
