In a major move to provide relief to victims of vaccine-related complications, the Supreme Court of India on Tuesday directed the Central Government to frame a “no-fault” compensation policy for individuals who suffer serious Adverse Events Following Immunization (AEFI) related to Covid-19 vaccines.
The order was passed by a bench of Justices Vikram Nath and Sandeep Mehta, emphasizing the need for a formal mechanism to address severe side effects without the burden of proving negligence.
No Admission of Fault by Centre
While the court mandated the creation of this compensation framework, it provided a significant legal safeguard for the government. The bench clarified that the formulation of such a policy should not be interpreted as an admission of liability or negligence on the part of the Union of India or any other authority.
“Equally, the formulation of the no-fault framework shall not be construed as an admission of liability or fault on the part of the Union of India or any other authority,” the court noted.
Existing Monitoring to Continue
The bench also addressed requests for a new oversight body to monitor vaccine safety. Rejecting the need for a court-appointed expert panel, the Justices expressed confidence in the current scientific infrastructure already in place.
“No separate court-appointed expert body is considered necessary in view of the existing mechanism for scientific assessment of adverse events following immunisation,” Justice Nath said while pronouncing the verdict. The court confirmed that the current monitoring protocols for AEFI will continue as they are.
Case Background: Deaths After First Dose
The directive follows petitions involving tragic incidents from 2021, where two women reportedly died after receiving their first dose of the Covishield vaccine. The pleas alleged that the victims suffered from severe adverse effects following their immunization, highlighting the lack of a clear compensation path for such rare but life-altering events.
Importantly, the Supreme Court clarified that this new policy would not be the exclusive path for victims. The bench stated that the verdict “shall not preclude any person from pursuing such other remedies as may be available in law,” ensuring that citizens still have the right to approach courts for other legal reliefs if necessary.
The Union Government is now expected to develop the specific guidelines for the no-fault policy, balancing the success of the national vaccination drive with the rights of those who suffered from serious complications.
