Supreme Court Directs Government To Frame No-Fault Compensation Policy For Serious COVID-19 Vaccine Adverse Events
Supreme Court Directs Government To Frame No-Fault Compensation Policy For Serious COVID-19 Vaccine Adverse Events
New Delhi, March 11, 2026: The Supreme Court of India has directed the Union Government to formulate a no-fault compensation policy for individuals who experience serious adverse events following COVID-19 vaccination.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued the directive to the Ministry of Health and Family Welfare, asking it to establish a mechanism to provide compensation to affected individuals or their families.
The Court clarified that the current system for monitoring Adverse Events Following Immunization (AEFI) will continue to function as before. It also instructed authorities to periodically publish data related to vaccine-related adverse events in the public domain, in line with observations made in the 2021 judgment in the Dr. Jacob Puliyel v. Union of India case.
However, the bench noted that there is no requirement to set up a separate court-appointed expert panel to examine such cases, as the existing surveillance and monitoring framework is considered adequate.
Importantly, the Court emphasized that the creation of a no-fault compensation policy should not be interpreted as an admission of responsibility or wrongdoing by the Union Government or any authority involved in the vaccination programme. It also clarified that affected individuals would still be free to pursue other legal remedies if available.
The ruling came in response to petitions filed by Rachna Gangu and Venugopalan Govindan, who alleged that their daughters died due to adverse effects following COVID-19 vaccination and sought compensation from the government. They had also requested the formation of an independent expert committee to investigate the alleged vaccine-related deaths.
Another related petition was filed by the Union Government challenging an interim order of the Kerala High Court in a case brought by Sayeeda K.A., who claimed that her husband died after receiving a COVID-19 vaccine and sought a compensation policy.
Earlier, the Union Government had argued that vaccination was voluntary and undertaken with informed consent, and therefore the government should not be held liable for compensation.
After hearing extensive arguments in November last year, the Court reserved its judgment before issuing the latest directions on framing a compensation policy for serious vaccine-related adverse events.
