Supreme Court Directs Centre To Frame ‘No-Fault’ Compensation Policy For Covid Vaccine Side Effects
Supreme Court Directs Centre To Frame ‘No-Fault’ Compensation Policy For Covid Vaccine Side Effects
The court said people suffering serious adverse reactions after vaccination should be eligible for financial relief without proving negligence.
India’s Supreme Court has directed the Central government to frame a “no-fault” compensation policy for individuals who experience serious side effects after receiving COVID-19 vaccines. The order aims to ensure financial relief for people who suffer severe adverse reactions following vaccination.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued the direction while hearing petitions related to alleged deaths linked to vaccine side effects. The court said the proposed framework should allow compensation without requiring affected individuals to prove negligence or wrongdoing by authorities.
The court clarified that introducing such a compensation policy should not be interpreted as an admission of liability by the government or any other authority. At the same time, the existing system for monitoring and evaluating adverse events following immunisation (AEFI) will continue to function.
The bench also emphasised the need for transparency in reporting vaccine-related incidents, suggesting that relevant data about serious adverse reactions should be periodically placed in the public domain.
The case before the court included a petition filed by the parents of two girls who allegedly died after complications following COVID-19 vaccination. The petitioners had requested the formation of an independent expert committee to investigate the deaths and sought compensation as well as timely release of post-mortem and inquiry reports.
However, the Supreme Court stated that there was no need to appoint a separate court-monitored expert body, noting that an established scientific mechanism already exists to examine and evaluate adverse events after vaccination.
The matter also traces back to a 2022 order of the Kerala High Court, which had asked the National Disaster Management Authority (NDMA) to frame guidelines to identify deaths caused by vaccine complications and provide compensation to the families of such victims. That case arose from a petition filed by a woman who claimed that her husband died due to vaccine side effects.
The Central government had challenged the Kerala High Court order, arguing that COVID-19 itself had been declared a disaster under the Disaster Management Act, but deaths allegedly linked to vaccination were not covered under the law. Therefore, it maintained that there was no existing provision for compensation for vaccine-related deaths under the current framework.
While hearing the Centre’s challenge along with other petitions, the Supreme Court ultimately directed the government to create a structured compensation mechanism for serious vaccine side effects. At the same time, the court clarified that its order does not prevent affected individuals from seeking legal remedies through appropriate channels if required.
Disclaimer: This article is for informational purposes only and does not substitute professional medical or legal advice.
