BREAKING | SC directs Centre to create No-Fault Compensation Framework for serious COVID-19 Vaccine Side Effects

Today, the Supreme Court directed the Union government to formulate a no-fault compensation policy for individuals who suffer serious adverse effects following COVID-19 vaccination, emphasising the need for a structured relief mechanism without attributing liability to authorities overseeing the national immunisation programme.

The direction came during the hearing of petitions concerning deaths allegedly linked to vaccine side effects, including a plea filed by the parents of two girls who lost their lives after receiving COVID-19 shots. The petitioners sought an independent probe into the deaths, disclosure of autopsy and investigation reports, financial compensation for affected families, and the creation of guidelines for early detection and treatment of vaccine-related complications. The case was heard alongside a challenge by the Union government to a Kerala High Court order directing the National Disaster Management Authority to frame compensation guidelines for deaths claimed to be linked to COVID-19 vaccination.

The Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held that while a separate expert body was unnecessary due to existing monitoring mechanisms for adverse events following immunisation, a clear compensation framework should be introduced for serious cases. The Court clarified that the proposed scheme would operate on a no-fault basis and would not imply negligence by the government.

The Court observed that “Union of India to frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination.” The Bench also directed that the existing monitoring system for vaccine-related adverse events continue and that relevant data be periodically placed in the public domain, while noting that affected individuals remain free to pursue remedies available under law.

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