Vaccination – Supreme Court Calls for No-Fault Compensation Policy on Covid Vaccine Effects
Vaccination – The Supreme Court of India on Tuesday instructed the central government to establish a no-fault compensation policy for individuals who experience serious adverse effects after receiving Covid-19 vaccines. The directive came as part of the court’s decision while hearing petitions that raised concerns about severe medical complications following vaccination.
Court Emphasises Need for Structured Compensation Framework
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta said that while vaccination programmes are vital for public health, there must also be a clear and structured system to address rare cases of severe adverse events linked to immunisation.
The court noted that individuals who suffer serious medical consequences after vaccination should have access to a defined compensation mechanism that does not require them to prove negligence or fault. Such a framework, often referred to as a no-fault compensation policy, allows affected individuals or their families to seek financial support without going through prolonged legal disputes over responsibility.
Existing Scientific Monitoring System to Continue
During the ruling, Justice Vikram Nath clarified that India already has an established system for monitoring and evaluating adverse events following immunisation. According to the bench, this mechanism will continue to function as the primary system for assessing whether a medical incident is related to vaccination.
The court also observed that forming a new expert committee under judicial supervision was not necessary at this stage. It said the existing scientific and regulatory framework is capable of conducting proper medical evaluation of reported vaccine-related events.
Authorities currently monitor adverse events through structured reporting systems that involve medical experts and public health officials. These systems review clinical evidence and determine whether a particular health complication can be linked to vaccination.
Legal Remedies Remain Available
While directing the government to work on a compensation framework, the court clarified that its order does not prevent individuals from pursuing other legal options available under existing laws.
This means that people who believe they have suffered harm after vaccination can still approach appropriate courts or legal forums if they wish to seek compensation through other legal routes. The bench emphasised that the introduction of a no-fault compensation system should not be seen as limiting such rights.
Compensation Policy Not an Admission of Liability
The Supreme Court also made it clear that establishing a no-fault compensation mechanism should not be interpreted as an admission of liability or wrongdoing by the Union government or any public authority.
According to the court, such frameworks are designed primarily to support individuals affected by rare medical complications while maintaining public trust in vaccination programmes. They are commonly used in several countries to balance public health priorities with fairness to individuals who may experience adverse reactions.
Petitions Linked to Reported Vaccine Deaths
The court delivered its judgment while considering multiple petitions, including one that raised concerns over the deaths of two women in 2021 after receiving the first dose of the Covishield vaccine.
The plea alleged that both individuals experienced severe adverse reactions following immunisation and later died. The petitioners sought accountability and compensation for the families, arguing that there should be clearer procedures to address such cases.
While examining these concerns, the court focused on the broader issue of establishing a systematic approach to compensation rather than determining the medical cause of the specific deaths cited in the petitions.
Balancing Public Health and Individual Protection
The ruling highlights the judiciary’s effort to balance two key priorities: maintaining confidence in national vaccination programmes and ensuring support for individuals affected by rare complications.
Public health experts widely acknowledge that vaccines remain one of the most effective tools for preventing infectious diseases. At the same time, courts and policymakers increasingly recognise the importance of providing safeguards for those who experience uncommon but serious adverse reactions.
With the Supreme Court’s direction, the central government is now expected to develop a structured no-fault compensation framework that addresses such situations while continuing to rely on the existing scientific evaluation system for vaccine safety.