SC directs Centre to frame ‘no-fault’ compensation policy for serious Covid-19 vaccine side effects

The Supreme Court of India on Monday directed the central government to formulate a policy to compensate individuals who suffer serious side effects following Covid-19 vaccination, stating that such compensation should be provided on a “no-fault basis”.

A bench comprising Justices Vikram Nath and Sandeep Mehta said the Government of India should develop a “no-fault compensation policy” for severe adverse effects after Covid-19 immunisation.

The court clarified that introducing such a scheme should not be interpreted as an admission of fault or legal liability by the government.

“The Government of India should formulate a ‘no-fault compensation policy’ for serious side effects after Covid-19 vaccination. The launch of such a scheme should not be viewed as an admission of any fault,” the bench observed while hearing the matter on March 10.

The court was hearing a petition filed by the parents of two girls who allegedly died due to adverse reactions following Covid-19 vaccination. The plea sought an independent probe into the deaths, timely submission of autopsy reports, financial compensation and the formulation of guidelines for early identification of vaccine side effects.

During the hearing, the apex court said there was no need to constitute a new expert committee to examine vaccine side effects, noting that the existing scientific evaluation mechanisms were adequate.

It also clarified that its order would not prevent individuals affected by adverse reactions from pursuing their own legal remedies.

Earlier, the Kerala High Court in September 2022 had asked the National Disaster Management Authority to frame guidelines for compensating deaths allegedly linked to vaccination. The direction came while hearing a petition filed by a woman seeking compensation for the death of her husband.

The Centre later challenged that decision before the Supreme Court, where it was heard along with other related petitions.

During the proceedings, the Centre argued that only COVID-19 had been declared a pandemic, not the side effects of the vaccine, and therefore compensation could not be granted under the Disaster Management Act.

The government also maintained that India’s vaccination protocols follow global standards and include mechanisms for the early detection and treatment of adverse events following immunisation (AEFI).