The Supreme Court has directed the Union government to frame a no fault compensation policy for individuals who suffered serious side effects or deaths after receiving Covid 19 vaccines — a development frequently analysed in UPSC coaching in Hyderabad while studying constitutional rights and public health governance.
Background
• Petitions were filed by families of young adults (18–40 years) who died due to rare complications like blood clotting after Covishield and Covaxin doses in 2021.
• Petitioners argued lack of informed consent and that vaccination, though officially voluntary, was effectively mandatory due to restrictions on the unvaccinated.
Government’s Defence
• Vaccines underwent rigorous regulatory approval and India has a robust Adverse Events Following Immunisation (AEFI) monitoring system.
• Claimed vaccine related deaths were extremely rare (0.001 per lakh doses for clotting disorders).
• Suggested families could seek compensation through civil or consumer courts by proving negligence.
Supreme Court’s Observations
• Rejected the idea of individual litigation, noting it would burden families with complex scientific evidence and lead to unequal outcomes.
• Invoked the principle of “no fault liability”, already present in Indian law (e.g., motor accident compensation).
• Highlighted global practice: countries like UK, Japan, and Australia have vaccine injury compensation schemes.
• Based its ruling on Article 21 (Right to Life and Health), stressing the State’s duty to act as guardian of welfare during a public health programme — a constitutional aspect often discussed in IAS coaching and UPSC online coaching.
Earlier Reference
• Jacob Puliyel vs Union of India (2022): Court upheld vaccine approval process and AEFI monitoring, while affirming that vaccination cannot be forcibly imposed.
• Gaurav Kumar Bansal vs Union of India (2021): Court directed NDMA to provide ₹50,000 ex gratia for Covid deaths, showing precedent for compensation in pandemic cases.
Conclusion
By adopting a no fault compensation scheme, India aligns with global best practices and ensures justice, equality, and dignity for families affected by rare vaccine injuries. Such developments are often analysed in UPSC coaching in Hyderabad and civils coaching in Hyderabad while preparing topics related to constitutional governance and public health policy.
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