The Supreme Court of India heard a plea alleging Covishield-related deaths, observing that medical causality cannot be determined without expert evaluation, as families seek an independent probe into vaccine side effects and government accountability.
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NEW DELHI: The Supreme Court of India on Thursday heard a writ petition filed by a mother who alleges that her two daughters died after receiving the Covishield COVID-19 vaccine, seeking an independent investigation into vaccine-related adverse events.
The bench, led by Justice Vikram Nath, heard submissions from Senior Advocate Colin Gonsalves, representing the petitioner, and counsel for the Union of India.
Allegations of Vaccine-Linked Deaths
Advocate Gonsalves informed the Court that
“One of the petitioner’s daughters developed brain clots after taking the Covishield vaccine. She was taken to the best hospital but was declared brain dead.”
The mother, he said, repeatedly sought the autopsy report, but it was never provided by the authorities.
He further alleged that
“The second daughter had severe body pain, was wrongly put on antibiotics, later given steroids, and then admitted to the ICU where she died three days later.”
Government’s Stand
The Union Government’s counsel argued that
“We have already filed transfer petitions. If individual cases start being considered, it will complicate the matter.”
The counsel maintained that issues surrounding vaccine safety and adverse event reporting had already been examined in the landmark Jacob Puliyel case, which addressed concerns about COVID-19 vaccine mandates and data transparency.
Responding to this, Advocate Gonsalves said the present petition was no longer limited to the petitioner’s daughters.
“Four years have passed; since then, we’ve found hundreds of parents with similar experiences,” he submitted. “We have included case studies of 40–50 children who allegedly died following vaccination. The first issue is the refusal to disclose adverse event data.”
Supporting the petitioner, Advocate Prashant Bhushan noted that in the Jacob case, the Supreme Court had only held that vaccination could not be made mandatory and that adverse event reporting systems should be improved.
“Mr. Gonsalves is asking for an expert committee to examine vaccine side effects, something that many countries have already done. People have a right to know,”
Bhushan argued.
After hearing brief submissions, Justice Nath asked the petitioner’s counsel what specific relief was being sought. Gonsalves reiterated that the petition primarily sought an independent panel to investigate vaccine-related deaths and transparency in adverse event reporting.
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Presenting arguments on behalf of the petitioners, families who lost their daughters allegedly due to post-vaccination complications, Gonsalves asserted that “data over the last four years clearly shows something went terribly wrong.” He emphasized that while vaccination itself was not being questioned, the rollout lacked transparency, and side effects were not properly disclosed.
“Parents lost their daughters, but their plea is that future vaccine rollouts must not be secretive,” said Gonsalves. “Though vaccination is now voluntary, thousands were forced to take it earlier to keep their jobs.”
He further alleged that the government’s claim that vaccines stop transmission was false, arguing that the vaccines only reduce the severity of infection. Gonsalves urged the Court to direct an independent investigation into post-vaccination deaths, claiming that “even doctors were unaware of treatment protocols for vaccine-related adverse events.”
When Gonsalves cited UK data to support his claims, Justice Vikram Nath interjected, asking,
“How can you rely on UK statistics?”
To this, Gonsalves responded that the same vaccine was used in both countries, making international data relevant.
He also referenced the case of a doctor from Pune who reportedly died after vaccination, alleging that “the family kept asking questions but were only told that the vaccine was safe to our knowledge.”
Appearing for the Union Government, Additional Solicitor General (ASG) Aishwarya Bhati countered the claims, stating that similar petitions had been filed earlier and each reported adverse case was thoroughly investigated by qualified medical experts.
“Every drug can have side effects; their impact differs across populations,” Bhati said. “India’s vaccination program was voluntary. It saved countless lives and allowed the country to return to normalcy.”
Bhati also defended the government’s decision to restrict unvaccinated individuals from public places, saying the court had previously upheld such measures as part of the government’s duty to protect public health.
She further pointed out that India’s approach was far less restrictive than other nations, remarking,
“If the petitioners want to understand compulsory vaccination, they should look at China.”
Gonsalves, however, rebutted that
“Under the National Disaster Management Act (NDMA), not taking the vaccine was treated as a potential criminal offence during the pandemic.”
He also highlighted discrepancies in official data, noting that
“The government’s portal listed only 2,000 adverse events, while independent estimates placed the number closer to 22 lakh (2.2 million).”
Justice Mehta clarified that there is a difference between COVID-related deaths and vaccine-related deaths, to which Gonsalves replied,
“We understand that, but these were healthy individuals who died within days of vaccination.”
Advocate Prashant Bhushan added that in the Jacob case, the court had previously noted that only government officials could report adverse events, leaving families and private doctors unable to register cases independently.
Concluding the hearing, Justice Vikram Nath observed that
“It may be best to leave the matter to medical experts, as the Court itself “cannot” make determinations on medical causality without expert evidence.”
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