Today, On 10th March, The Supreme Court directed the Central government to create a policy for compensating individuals facing serious adverse effects from COVID-19 vaccination, stating, “Union of India to frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination.”
The Supreme Court directed the Central government to design a policy to compensate people who experience serious adverse effects from the COVID-19 vaccine.
A Bench of Justices Vikram Nath and Sandeep Mehta said the compensation should be provided on a no-fault basis.
The Court ordered,
“Union of India to frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination. The existing mechanism for monitoring adverse events following immunisation shall continue and relevant data may be periodically placed in the public domain,”
The Court emphasized that creating such a compensation scheme should not be taken as an admission of government fault.
The Court said,
“The formulation of the no fault framework shall not be construed as admission of liability or fault on the part of the Union of India or any other authority,”
The case was brought by the parents of two girls who died following side effects from the COVID vaccine. Their petition asked for an independent committee to investigate the deaths and for autopsy and probe reports to be released within a set timeframe.
It also sought monetary compensation for the parents and asked the government to issue guidelines for early detection and treatment of people suffering adverse reactions to vaccines.
The Court observed that forming a new expert body to probe vaccine side effects was unnecessary.
It noted that its ruling would not bar others who suffer adverse effects from pursuing individual legal remedies.
The Court said,
“No separate court appointed expert body is considered necessary in view of the existing mechanisms for scientific assessment of adverse events following immunisation. It is clarified that the judgement shall not preclude any person from pursuing remedy available in law,”
Earlier, On September 6, 2022, the Kerala High Court had instructed the National Disaster Management Authority (NDMA) to prepare guidelines for identifying deaths attributable to COVID-19 vaccination and for compensating their dependents.
That order arose from a petition by a woman whose husband was said to have died due to vaccine side effects.
The Centre challenged the High Court’s direction in the Supreme Court. It argued that only COVID-19 disease had been declared a disaster not vaccine-related deaths and therefore the Disaster Management Act did not provide for compensation in such cases.
The government added that COVID-19 vaccines are administered under medical protocols aligned with global best practices, which include monitoring to ensure early detection and treatment of any Adverse Event Following Immunisation (AEFI).
This challenge was later consolidated with the petition filed by the parents of the two girls, and both matters were heard together.
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