SC seeks Centre’s response on Covid vaccine-related deaths, compensation policy

New Delhi: The Supreme Court on Tuesday directed the Centre to provide its response regarding the feasibility of introducing a policy to address the adverse effects, including fatalities, linked to COVID-19 vaccination. The directive came after the court was informed that no such compensation scheme currently exists.

A bench consisting of Justices Vikram Nath and Sandeep Mehta was apprised by Additional Solicitor General Aishwarya Bhati that the pandemic was classified as a disaster. However, vaccine-related adverse effects following immunisation (AEFI), including deaths, were not included under the existing framework.

The bench remarked that COVID-19 fatalities and vaccine-related deaths should not be treated as separate occurrences. “Ultimately, the entire vaccination drive was a response to the pandemic. You cannot say they are not interlinked,” the bench stated.

Bhati explained that the Disaster Management Act does not have provisions to address AEFI cases linked to the COVID-19 immunisation campaign. “The COVID-19 pandemic was declared a disaster, but the vaccination program followed medical protocols. The AEFI mechanism assesses whether a fatality is directly attributable to the vaccine,” she said.

The court granted Bhati’s request for three weeks to submit the Centre’s response and scheduled the hearing of the Centre’s appeal against a Kerala High Court order for March 18.

The case originated from a petition filed by Sayeeda K A, who approached the Kerala High Court after her husband allegedly died due to the side effects of a COVID-19 vaccine.

She sought compensation, citing the absence of a defined policy addressing such claims.

The high court had directed the National Disaster Management Authority to establish a framework for identifying and compensating deaths linked to vaccine after-effects.

The Supreme Court, however, took note of the Centre’s appeal and put the high court’s directive on hold in 2023.

Additionally, the Serum Institute of India, which manufactured one of the COVID-19 vaccines, has also filed a transfer petition in the case.