The Supreme Court has ordered the central government to formulate a "no-fault compensation" policy for serious adverse events following COVID vaccination. The decision is aimed at protecting the families of those who ... read more

The Supreme Court has ordered the central government to establish no-fault compensation for those who experience serious adverse events following COVID-19 vaccination. The court issued this order on petitions seeking compensation for the families of those who lost their lives due to alleged adverse effects following COVID-19 vaccination.

A bench of Justices Vikram Nath and Sandeep Mehta, while delivering the verdict in the case, said that the Government of India will formulate a no-fault compensation policy for serious adverse events occurring after Covid-19 vaccination.

The existing mechanism for monitoring adverse events following immunization (AEEV) will continue, and the relevant data should be made public periodically, as the Supreme Court also held in the Dr. Jacob Puliyel case of 2021. The Court clarified that there is no need for a new court-appointed expert body to investigate vaccine-related adverse events, as there are already existing monitoring and investigation mechanisms in place.

The Court further stated that the enactment of a no-fault compensation policy does not constitute an admission of fault or responsibility by the Central Government or any other authority. It also stated that such a policy does not preclude the right of affected individuals to pursue other remedies available under the law.

The court's decision was based on a petition filed by the parents of two girls who died due to side effects of the COVID-19 vaccination. The petitioners alleged that their daughters died due to the side effects of the COVID-19 vaccine and sought compensation from the central government.

They also demanded the formation of an independent expert committee to investigate the adverse effects of vaccination. Another petition was filed by the central government, challenging an interim order of the Kerala High Court directing the formulation of a compensation policy for deaths allegedly caused by vaccination.

The High Court issued this order on a petition filed by a woman who alleged that her husband's death was caused by vaccination. In an affidavit filed with the court in 2022, the central government stated that vaccination was voluntary and that people had made their own decisions based on knowledge of the risks, and therefore, the government was not obligated to provide compensation.

PC:Jagran