Supreme Court Directs Govt to Frame No-Fault Compensation Policy for COVID Vaccine Injuries
Supreme Court Directs Govt to Frame No-Fault Compensation Policy for COVID Vaccine Injuries
Several parents approached the Supreme Court of India through a petition under Article 32 of the Constitution of India, claiming that their daughters died after receiving COVID-19 vaccines. They alleged that serious adverse events following immunization (AEFI) caused severe complications and sought an independent medical panel, clearer protocols to identify vaccine-related injuries, and compensation for affected families.
Similar cases were also filed before the Kerala High Court, where families blamed vaccines such as Covishield for deaths or health complications. The High Court had asked the government to create a policy for identifying AEFI cases and granting compensation, which the Union Government later challenged before the Supreme Court. The government maintained that vaccines were approved after scrutiny by expert bodies like Central Drugs Standard Control Organisation, National Technical Advisory Group on Immunization, and National Expert Group on Vaccine Administration for COVID-19, and that serious adverse reactions were extremely rare.
Main Issue: Whether the absence of a clear compensation policy for deaths or injuries allegedly linked to COVID-19 vaccination violates the right to life under Article 21 of the Constitution of India, and whether the Court can direct the government to frame such a policy.
Decision: The Supreme Court of India observed that although vaccination during the pandemic was a major public health measure, individuals who suffer serious harm should not be left without a practical remedy. The Court noted that studies by agencies such as the Indian Council of Medical Research and the National Centre for Disease Control had not found a direct link between COVID-19 vaccines and sudden deaths, but the absence of a structured compensation system could still raise concerns under Article 21.
The Court pointed out that forcing families to pursue lengthy negligence-based litigation would be unfair in cases involving complex medical issues. It observed that many countries follow no-fault vaccine injury compensation schemes. Therefore, the Court directed the Union Government to frame and publish a no-fault compensation policy for serious vaccine-related adverse events, while noting that the existing AEFI monitoring system through expert committees is sufficient and does not require a separate court-appointed body.
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