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No-Fault Compensation Policy for Covid-19 Vaccine Adverse Effects

The Supreme Court directed the Union Government to formulate a no-fault compensation policy for serious adverse effects caused by Covid-19 vaccines. The judgmen

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No-Fault Compensation Policy for Covid-19 Vaccine Adverse Effects

Why is it in the news?

The Supreme Court directed the Union Government to formulate a no-fault compensation policy for serious adverse effects caused by Covid-19 vaccines.

The judgment highlighted the State’s responsibility in large public health interventions.

Category: Polity

Important Points:

● The Court invoked the principle of no-fault liability for victims of vaccine-related adverse effects.

● Victims or families can receive financial compensation without proving negligence by manufacturers or the government.

● The Court rejected the Centre’s argument that victims should file individual civil or consumer court cases.

● It held that forcing citizens into multiple legal battles could violate the right to equality under Article 14.

● The Court relied on Article 21 which recognises the State as a guardian of health and welfare.

● It noted that serious adverse events are extremely rare, such as certain blood clotting disorders occurring in about 0.001 per lakh doses.

● The Court stated that monitoring systems such as Adverse Events Following Immunisation committees are adequate for medical review.

● However, the State’s responsibility extends beyond surveillance to providing fair compensation.

● The compensation policy does not amount to an admission of liability by the government.

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