SC asks Centre to create 'no-fault compensation' policy for Covid vaccine adverse effects

As of March 20, 2023, over 13 billion COVID-19 vaccine doses had been administered worldwide.

The Supreme Court on Tuesday directed the Centre to frame a no-fault compensation policy for serious adverse events following Covid-19 vaccination.

A bench of Justices Vikram Nath and Sandeep Mehta said the existing mechanism for monitoring adverse events following immunisation shall continue.

"No separate court-appointed expert body is considered necessary in view of the existing mechanism for scientific assessment of adverse events following immunisation," Justice Nath said while pronouncing the verdict.

The bench clarified that its judgement shall not preclude any person from pursuing such other remedies as may be available in law.

"Equally, the formulation of the no-fault framework shall not be construed as an admission of liability or fault on the part of the Union of India or any other authority," it said.

The top court delivered its verdict on pleas, including the one which alleged that two women lost their lives in 2021 after taking the first dose of the Covishield vaccine. The plea alleged that both of them suffered from severe adverse effects following immunisation.

According to Bar and Bench,  the plea sought a probe by an independent committee into the deaths, along with the release of the autopsy and probe reports in a time-bound manner.

The plea also requested that the parents be monetarily compensated, and had sought directions to the government to come up with guidelines for early detection and treatment of persons suffering from adverse side effects of vaccines.

As of March 20, 2023, over 13 billion COVID-19 vaccine doses were administered worldwide, according to reports.

On September 6, 2022, the Kerala High Court had directed the National Disaster Management Authority to formulate guidelines for identifying cases of deaths due to the after-effects of Covid vaccination and for compensating the dependents of such victims.