In a significant ruling, a Supreme Court bench of Justices Vikram Nath and Sandeep Mehta has directed the Union Government to frame a “no-fault compensation” policy for people who suffered serious adverse events after taking the COVID-19 vaccine.

Court Says Families Need Not Prove Fault:
The Court said that affected families should be able to receive financial relief without having to prove negligence or fault by the government or vaccine manufacturers.

“Union of India to frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination. The existing mechanism for monitoring adverse events following immunisation shall continue and relevant data may be periodically placed in the public domain,” the Court ordered.

The Bench also clarified that creating such a policy does not mean the government is admitting liability.

“The formulation of the no-fault framework shall not be construed as admission of liability or fault on the part of the Union of India or any other authority,” the Court noted.

Background of the Case:

The order came in a writ petition filed by Rachana Gangu and Venugopalan Govindan, whose daughters allegedly died due to vaccine side effects. They had sought an independent investigation into the deaths and for the autopsy reports to be released in a timely manner.

The Supreme Court was also hearing the Centre’s appeal against a 2022 Kerala High Court order that directed the National Disaster Management Authority (NDMA) to frame guidelines to identify and compensate victims of vaccine side effects.

The Union Government had challenged this order, arguing that COVID-19 vaccination was voluntary and based on informed consent, and that vaccine-related deaths do not fall within the definition of a “disaster” under the Disaster Management Act.

Case details: Rachana Gangu & Anr v. Union of India & Ors and connected matters