The Supreme Court, on 25 February, Tuesday, directed additional solicitor general Aishwarya Bhati to seek instructions from the union government regarding the formulation of a policy to compensate the families of those who died following Covid-19 vaccinations.

The matter will be heard on 18 March.

A bench consisting of justices Vikram Nath and Sandeep Mehta was hearing a special leave petition challenging the Kerala High Court’s interim order, which dealt with various issues related to 'adverse events following immunisation (AEFI)'.

The petition was filed by K.A. Sayeeda, who sought ex-gratia compensation after her husband’s death, allegedly caused by an AEFI following a Covid-19 vaccination.

In response, the Kerala High Court issued an interim order, directing the ministry of health and family welfare, along with the National Disaster Management Authority, to create a policy or guidelines within three months to compensate those who died due to an AEFI.

The Union of India filed a review petition against the High Court’s interim order, arguing that vaccination was voluntary and that an AEFI should not be classified as a 'disaster' under section 12(d) of the Disaster Management Act, 2005, which entitles the deceased to statutory compensation in case of a disaster.

Furthermore, the Union argued that the High Court should not have passed the interim order, as a similar writ petition titled Rachana Gangu & Anr v. UOI is pending before the Supreme Court.

The bench remarked, "Ultimately, the entire vaccination drive was a response to the pandemic. You cannot say they are not interlinked."

Bhati clarified that there was no existing policy under the Disaster Management Act to address AEFI related to Covid-19 immunisations.

She explained, “Covid-19 was declared a disaster, but the vaccination drive followed medical protocol. The AEFI mechanism assesses whether a death is directly linked to the vaccine.”

Bhati requested three weeks to respond to the court’s suggestion, which the bench allowed.

While the review petition was under consideration, a contempt petition was filed for non-compliance with the interim order, prompting the High Court to issue a notice. This led the Union to file the current special leave petition.

Additionally, the Union has submitted a transfer petition requesting that the matter currently before the High Court be moved to the Supreme Court and tagged with the Rachana Gangu case.

In the Rachana Gangu case, the Union filed an affidavit stating that the Government cannot be held liable for deaths resulting from the administration of COVID-19 vaccines.