J CHOUDHURY Vs. STATE

JUDGEMENT

(1.) THE petitioner is a practicing homoepathic doctor in Puri Town. He was prosecuted for an offence under Section 188 I. P. C. for having refused to get himself inoculated against cholera on 4-7-59 (during the Ratha Jatra Festival ). The government of Orissa had made certain Regulations in exercise of the powers conferred on them by Section 2 (1) of the Epidemic Diseases Act 1897 for the purpose of preventing the spread of cholera in Puri District. Paragraph 7 of the said Regulations is as follows:--

(2.) THE petitioner refused to get himself inoculated against cholera saying that he had a conscientious objection against inoculation and that he had taken sufficient preventive homoeopathic medicine to protect himself against an attack of cholera. He also stated that he was of the view that inoculation was dangerous to human health and that inoculation would create reactions on the human body which might endanger human life. This plea was not accepted by the Magistrate who convicted him under Section 188 I. P. C. and sentenced him to pay a fine of Rs. 20/- in default, to undergo simple imprisonment for one week.

(3.) THERE can be no doubt that the petitioner was guilty of contravening regulations 7 and 8 mentioned above. Admittedly he did not get himself inoculated, nor did he have in his possession a Certificate from a Medical practitioner showing that he had been inoculated against cholera within a period of 6 months prior to 4-7-1959.