In its important decision yesterday, the Supreme Court directed the Central Government to prepare a no-fault compensation policy for serious side effects after Covid-19 vaccination. The court also said that the Constitution considers the government to be an active guardian of welfare and dignity and not a mere 'distant spectator' of human suffering.
The country's largest court said that the period of Corona epidemic was one of unprecedented pain and devastation, which created grief and hardships for countless families. The Court noted that the principle of compensation without determination of fault is not new to the law of the country, and in many countries of the world, such compensation schemes are a recognized feature of the welfare state response.
The bench of Justice Vikram Nath and Justice Sandeep Mehta said that during the Corona pandemic, the government went beyond its limits and tried to prepare a vaccination scheme, and it undoubtedly helped in saving many lives. The bench said, "But at the same time, as the government data also shows, and it cannot be ignored that the same vaccine also caused loss of life in some cases. In such a situation, it is not right that the government continues to shirk its responsibility in helping the affected families who have lost their special and close ones."
The court said that the existing system will continue to monitor the side effects after vaccination. She further said that as per the observations made by the Supreme Court in its May 2022 judgment in the Jacob Puliyel case, relevant data should be made public from time to time.
The bench also said that in view of the existing system regarding scientific evaluation of side effects after vaccination, there is no need for a separate expert body appointed by the court. The court said that a policy will be made through the Health Ministry to provide compensation without assigning blame for serious adverse events after vaccination.
The bench also made it clear that its decision does not stop any person from taking recourse to other remedies available in the law. Similarly, formulating a policy to award compensation without determining fault will not be construed as admission of any responsibility or fault on the part of the Government of India or any other authority.
The Supreme Court gave this ruling on those petitions, in one of which it was alleged that in the year 2021, two women had died after taking the first dose of the vaccine under Covid vaccination. It was also claimed in the petition that both of them had to suffer serious side effects after vaccination. The petition has also sought direction to the authorities to pay compensation to the petitioners, which will be donated by them to organizations working on social issues.
The bench also said, "The Constitution considers the government not as a mere distant spectator of human suffering, but as an active guardian of welfare and dignity. The Directive Principles of State Policy clearly highlight this thinking." During the hearing, the bench also mentioned the policy of giving compensation without fault determination involving Covid vaccine in Australia, Britain and Japan.
