“You Cannot Say They Are Not Interlinked,” Observes Apex Court
New Delhi, February 26: The Supreme Court has asked the Central government to examine whether a policy can be framed to grant compensation to families of those who died due to adverse effects of the COVID-19 vaccine.
A Bench of Justices Vikram Nath and Sandeep Mehta questioned the government’s stance that only deaths from COVID-19 itself were covered under the Disaster Management Act, while vaccine-related deaths were not.
“Ultimately, the entire (COVID) vaccination drive was also out of the pandemic. You cannot say they are not interlinked,” the Court observed.
Government’s Stand: No Policy for Vaccine Death Compensation
The Central government, represented by Additional Solicitor General (ASG) Aishwarya Bhati, argued that COVID-19 was declared a disaster, but the vaccination program was carried out under medical protocols aligned with global best practices.
“COVID was a disaster. But COVID vaccination is as per medical protocol… Any COVID death would have been covered by the policy. But COVID vaccination, there is a protocol in place which (involves) AEFI (monitoring) mechanism,” ASG Bhati submitted.
She emphasized that a system was in place to monitor Adverse Events Following Immunisation (AEFI) and determine causation in case of deaths linked to the vaccine.
Petitioners Seek Parity in Compensation
The case before the Supreme Court stems from a petition filed by a woman whose husband allegedly passed away due to vaccine side effects. The petitioner had approached the Kerala High Court in 2022, seeking ex gratia compensation.
The High Court had noted that while such cases were rare, some individuals had reportedly succumbed to post-vaccination complications. It directed the National Disaster Management Authority (NDMA) to frame guidelines for identifying and compensating such cases. However, the Central government challenged this directive before the Supreme Court, which stayed the High Court’s order in 2023.
The petitioner’s counsel argued that if more than 14 lakh people were compensated for COVID-19 deaths, the 200 known cases of vaccine-related deaths should not be excluded.
“Admittedly, the cause of vaccination arises out of the disaster, the COVID-19 disaster. Why can’t they (compensate for this as well)?” the lawyer questioned.
Centre to Decide in Three Weeks
The Supreme Court has now given the Central government three weeks to clarify its position.
“You could accept the order of the Kerala High Court, frame a policy, (decide) whether or not they are entitled to, and if they are entitled, to what extent,” the Bench suggested.
ASG Bhati assured the Court that the government would return with a conclusive response on the matter.
The next hearing is scheduled for March 18.
Case: Union of India vs Sayeeda KA and connected matters – Available on LAWFYI.IO
