Supreme Court Directs Centre to Frame No-Fault Compensation Policy for Serious COVID-19 Vaccine Adverse Events.
New Delhi:
The Supreme Court of India on Tuesday directed the Union government to formulate a no-fault compensation policy for individuals who suffer serious adverse events following COVID-19 vaccination. The directive came while disposing of petitions seeking compensation for alleged vaccine-related deaths.
A bench comprising Justices Vikram Nath and Sandeep Mehta said the existing national mechanism for monitoring adverse events following immunisation (AEFI) would continue to function and that there was no need to constitute a separate court-appointed expert panel.
While pronouncing the verdict, Justice Nath observed that the current system for scientific assessment of adverse events after vaccination was adequate. “No separate court-appointed expert body is considered necessary in view of the existing mechanism for scientific assessment of adverse events following immunisation,” the bench said.
Direction to Create Compensation Framework
The court directed the Central government to design a no-fault compensation framework, which would provide relief to individuals or families affected by serious vaccine-related complications without requiring them to prove negligence or wrongdoing.
However, the bench clarified that creating such a policy should not be interpreted as an admission of liability or fault by the Union government or any other authority involved in the vaccination programme.
“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 in its judgment.
Other Legal Remedies Remain Open
The Supreme Court also made it clear that people who believe they have suffered harm due to vaccination remain free to pursue other legal remedies available under law. This means affected individuals may still approach courts or appropriate forums if they wish to seek additional compensation or accountability.
Background of the Case
The verdict came while hearing several petitions, including one that alleged two women died in 2021 after receiving the first dose of the Covishield vaccine during the national COVID-19 vaccination drive.
The petitioners claimed that both women experienced severe adverse effects following immunisation, leading to their deaths. They sought compensation for the families and requested the court to establish an independent expert panel to examine vaccine-related injuries and fatalities.
Court’s Stand on Monitoring Mechanism
The court relied on the government’s submission that India already has a structured surveillance system for adverse events following immunisation, which includes expert committees that evaluate medical evidence and determine causality.
Accordingly, the bench concluded that the existing scientific evaluation mechanism should continue, rather than creating a new body under court supervision.
Significance of the Ruling
The ruling is expected to push the government toward establishing India’s first formal vaccine injury compensation framework for COVID-19 vaccines. Such no-fault compensation schemes exist in several countries and aim to ensure quick financial relief to affected individuals while maintaining public confidence in vaccination programmes.
The decision comes years after India conducted one of the world’s largest COVID-19 vaccination campaigns, administering billions of doses nationwide.
