The Supreme Court has ordered the Central government to establish a 'no-fault' compensation policy for individuals experiencing serious adverse events following COVID-19 vaccinations. This directive signifies a shift towards providing financial relief without the necessity for affected parties to prove negligence or fault on the part of authorities.
The court's decision stipulates that the formulation of this policy will not be interpreted as an admission of liability by the Union government or any other entity. It also affirms that the existing mechanisms for monitoring adverse events post-immunisation will continue, and a separate court-appointed expert body is deemed unnecessary. The ruling clarifies that this no-fault framework does not preclude individuals from pursuing other legal avenues available to them.
The impetus for this directive arose from various petitions, including one concerning the alleged deaths of two women in 2021, purportedly following their first dose of the Covishield vaccine. These pleas highlighted severe adverse effects experienced by individuals post-vaccination.
Read More: Pakistan Court Considers Changing 150-Year-Old Christian Divorce Law
Framework and Clarifications
A bench comprising Justices Vikram Nath and Sandeep Mehta delivered the verdict. The court emphasized that the compensation policy aims to provide financial assistance to those suffering severe medical complications from vaccinations, while simultaneously striving to maintain public confidence in the immunisation program.
The policy is designed to offer a structured mechanism for relief, balancing public health objectives with support for those who may encounter rare but serious complications. The court noted that while such severe events are rare, a provision for compensation is deemed necessary.
Existing Systems and Future Recourse
The Supreme Court affirmed the continued relevance of the existing infrastructure for the scientific assessment of adverse events post-immunisation. This existing mechanism is considered adequate for evaluating such cases.
Furthermore, the court's order explicitly states that the establishment of the no-fault compensation policy is not intended to limit any individual's right to seek redressal through other legal channels if they deem it necessary. This allows for a dual approach to addressing potential grievances.
Read More: Anxiety Symptoms May Hide Physical Illnesses, Doctors Warn in 2024
Background
The cases that brought this issue before the Supreme Court included allegations of individuals, such as young, healthy adults, developing severe health issues and even succumbing to them after receiving COVID-19 vaccines. Some petitions cited the alleged deaths of two women in 2021 after their first Covishield dose, attributing these outcomes to severe adverse effects post-immunisation.
An AIIMS study previously indicated no scientific link between COVID-19 vaccination and sudden deaths in young adults. However, the court's directive reflects a judicial acknowledgment of the need for a systematic approach to compensation in instances of severe adverse reactions.