BREAKING| Frame No-Fault Compensation Policy For Adverse Events Due To COVID-19 Vaccination : Supreme Court Directs Centre

The Supreme Court on Tuesday directed the Union of India, through the Ministry of Health and Family Welfare, to frame a no-fault compensation policy for individuals who suffer serious adverse events following COVID-19 vaccination.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the direction while clarifying that the existing mechanism for monitoring Adverse Events Following Immunization (AEFI) shall continue to operate.

The Court further directed that relevant data regarding such adverse events should be periodically placed in the public domain, in accordance with the observations made earlier in the 2021 judgment in the Dr. Jacob Puliyel case.

At the same time, the Court clarified that no separate court-appointed expert body is required for examining vaccine-related adverse events, noting that the existing surveillance and monitoring framework will continue.

Importantly, the Bench clarified that the formulation of a no-fault compensation framework shall not be construed as an admission of liability or fault on the part of the Union Government or any other authority.

The Court also observed that the direction to create such a policy will not preclude affected persons from pursuing any other remedies available under law.

The Court delivered the judgment in a writ petition filed by Rachna Gangu and Venugopalan Govindan, who alleged that their daughters died due to adverse effects caused by the Covid vaccine.

The petitioners sought compensation from the Union Government for the deaths allegedly caused due to Covid-19 vaccines. They also sought constitution of an expert committee to inquire into the adverse effects of Covid vaccination.

Another petition was filed by the Union Government against an interim order passed by the Kerala High Court in a petition filed by Sayeeda KA (who alleged that her husband died due to vaccination) to formulate a policy for compensation.

In 2022, the Union Government had filed a counter-affidavit in the matter, arguing that it was not liable to compensate as vaccination was a voluntary act undertaken by persons who took an informed decision on the basis of the risks notified.

After extensive arguments on November 13 last year, Justice Nath had said that the Court would consider all submissions and decide on the amendment application (seeking an independent inquiry into vaccine-related adverse events and alleging systemic suppression of data during the COVID-19 vaccination drive) as well as the larger issues raised. "We will decide if a committee is to be formed, what directions to be issued...we will examine everything in great detail," Justice Nath said, reserving orders.

Case Title: Rachana Gangu & Anr v. Union of India & Ors. – WP(C) No. 1220/2021, UNION OF INDIA v. SAYEEDA K.A. & ORS | SLP (C) No(s). 16452/2023 (and connected matters)