The Supreme Court Today (Feb 25) asked the Central Government if a policy can be made to compensate families of those who died due to COVID-19 vaccine side effects. The Centre has three weeks to respond.
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NEW DELHI: The Supreme Court on Tuesday asked the Central Government to clarify whether it can make a policy to give compensation to families of people who passed away due to side effects of the COVID-19 vaccine.
The Central Government informed the Bench of Justices Vikram Nath and Sandeep Mehta that only COVID-19 disease was declared a disaster, not deaths linked to the COVID vaccine.
So, as per the Disaster Management Act, there is no policy to compensate for deaths caused by vaccine side effects.
Additional Solicitor General (ASG) Aishwarya Bhati explained that COVID vaccines are given under strict medical guidelines based on global best practices. These guidelines ensure that any Adverse Effect Following Immunisation (AEFI) is quickly detected and treated.
“COVID was disaster. But COVID vaccination is as per medical protocol, in line with best practices in the world … Any COVID death would have been covered by the policy. But COVID vaccination, there is a protocol in place which (involves) AEFI (monitoring) mechanism (which examines) what is the causation of death, whether it is directly linked etc.,”
-she said.
However, the Supreme Court observed that deaths due to COVID-19 and deaths due to the COVID vaccine should not be treated differently.
“Ultimately, the entire (COVID) vaccination drive was also out of the pandemic. you cannot say they are not interlinked,”
-the Bench orally remarked.
The Court asked the Central Government to consider whether a policy can be made to compensate people for deaths linked to COVID vaccines and submit a response within three weeks. The next hearing is scheduled for March 18.
The case concerns a woman (petitioner) whose husband allegedly passed away due to side effects of the COVID vaccine. She had earlier approached the Kerala High Court in 2022, seeking compensation for her husband’s unexpected death. In September 2022, the Kerala High Court was informed that there was no policy to give compensation to people who might have died due to COVID vaccine side effects.
At that time, the High Court observed that even though such cases were rare, there were instances where people were suspected to have died due to the vaccine’s after-effects.
Therefore, the High Court directed the National Disaster Management Authority (NDMA) to create a policy to identify such cases and compensate the families of the victims.
However, the Central Government challenged this order in the Supreme Court, which stayed (put on hold) the High Court’s decision in 2023.
“There cannot be mandamus for us to frame a policy in a particular manner when the policy has already been framed and it has not covered them,”
-ASG Bhati told the Court while explaining the background of the case.
The Central Government further suggested that this case should be clubbed with similar cases already pending in the Supreme Court, particularly in the case of Rachna Gangu v. Union of India. Alternatively, it proposed that all such cases could be sent to one High Court for decision.
The Serum Institute of India, which manufactures the COVISHIELD vaccine, has also filed a transfer petition regarding this matter.
ASG Bhati added that the Supreme Court can decide on the larger legal issues in this case. However, she argued that the petitioner cannot claim medical negligence in a writ petition before the top court.
She also emphasized that the government has a strong system in place to monitor vaccine administration but maintained that the Disaster Management authorities cannot provide compensation for rare vaccine side effects.
Meanwhile, the petitioner questioned why compensation is not given for vaccine-related deaths when lakhs of families received compensation for COVID deaths.
“More than 14 lakh people were compensated due to COVID death. Admittedly, death due to Adverse Effects from COVID vaccines is only around 200. Why can’t they (compensate for this as well)? Admittedly, the cause of vaccination arises out of disaster, the COVID 19 disaster. I am limiting my submission to, order passed by High Court may not be disturbed,”
-the petitioner’s counsel said.
The Court asked the Centre to decide on the issue and come back with an answer.
“You could accept the order of the Kerala High Court, frame a policy, (decide) whether or not they are entitled to, and if they are entitled, to what extent,”
-the Bench suggested.
ASG Bhati assured the Court that the government would respond within three weeks.
“We have not taken a call, whether they are not covered or not. We will decide one way or another,”
-she said.
CASE TITLE:
Union of India v. Sayeeda KA and connected matters.
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