The Supreme Court of India has directed the Union government, through the Ministry of Health and Family Welfare, to develop a no-fault compensation policy for individuals who experience serious adverse events after receiving COVID-19 vaccinations.
In its order, the Court stated that such a framework should provide compensation without requiring affected individuals to prove negligence or wrongdoing. The direction aims to address cases where severe medical complications occur following vaccination, while maintaining public confidence in the immunisation programme.
The Court clarified that the existing system for monitoring Adverse Events Following Immunization (AEFI) will continue to operate. Authorities have also been instructed to periodically place relevant data related to such events in the public domain, in line with observations made earlier in the case involving Jacob Puliyel.
At the same time, the Court observed that the current scientific and regulatory mechanisms for evaluating vaccine-related adverse events are sufficient. Therefore, it declined the request to establish a separate expert body appointed by the Court to examine such cases.
The Bench also made it clear that the creation of a no-fault compensation framework would not prevent individuals from pursuing any other legal remedies available under existing laws. Additionally, the Court emphasised that the formulation of such a policy should not be interpreted as an admission of liability or fault on the part of the Union government or any other authority.
The direction seeks to balance public health objectives with mechanisms that provide support and relief to individuals who may suffer rare but serious complications following vaccination.