Source Live Law
NEW DELHI – In a landmark ruling aimed at strengthening public health accountability, the Supreme Court of India has directed the Union Government to formulate a comprehensive No-Fault Compensation Policy for individuals who suffered Adverse Events Following Immunization (AEFI) due to COVID-19 vaccinations.
The bench emphasized that while the vaccination drive was a critical necessity during the pandemic, the state must provide a structured safety net for those who experienced rare but severe side effects.
Understanding “No-Fault” Compensation
Unlike traditional litigation, where a victim must prove negligence by a manufacturer or a healthcare provider, a No-Fault system allows for:
Faster Settlements: Claimants receive compensation without lengthy legal battles to prove “wrongdoing.”
Standardized Criteria: Compensation is based on medical evidence linking the injury to the vaccine.
Public Trust: It reinforces confidence in national immunization programs by acknowledging and addressing risks.
Why the Directive Matters
The Court’s intervention comes in response to petitions highlighting the plight of families who lost members or suffered life-altering conditions post-vaccination. Previously, the government had maintained that vaccines were administered voluntarily and that legal recourse was available through consumer courts or civil suits.
However, the Supreme Court observed that a formal policy is essential because:
Administrative Fairness: Citizens should not be forced into expensive litigation for a public health initiative.
Global Precedent: Many developed nations already have Vaccine Injury Compensation Programs (VICP) to handle such rarities.
Scientific Acknowledgment: While COVID-19 vaccines are overwhelmingly safe, the Court recognized that a small percentage of the population may react adversely.
Key Directives to the Centre
The Supreme Court has asked the Central Government to:
Establish a clear timeline for the implementation of the policy.
Define the eligibility criteria for victims and their families.
Create a dedicated mechanism to evaluate claims based on the reports of the National AEFI Committee.
“The protection of life and liberty under Article 21 includes the right to health and, by extension, the right to a remedy when a state-sponsored health initiative leads to unintended harm.”
Current Status of AEFI Monitoring
The National AEFI Committee continues to monitor reports of side effects. Under the new directive, these medical assessments will likely serve as the primary evidence for determining compensation eligibility.
What happens next?
The Union Government is expected to submit a draft framework within the stipulated timeframe, detailing the fund allocation and the specific medical conditions covered under the policy.
