Supreme Court Seeks Centre's Response On Compensation For Those Died Due To COVID Vaccination Adverse Effects

The Supreme Court recently asked the Additional Solicitor General, Aishwarya Bhati, to seek instructions on whether the Union Government wants to formulate a policy for granting compensation to the families of deceased who died due to COVID-19 vaccination. 

A bench of Justices Vikram Nath and Sandeep Mehta was hearing a Special Leave Petition filed against the Kerala High Court's interim order where various issues related to Adverse Events Following Immunization (AEFI) were raised.

A writ petition came to be filed by one Ms. Sayeed seeking ex-gratia compensation after her husband died following alleged COVID-10 vaccination AEFI. By way of mandamus, the High Court passed an interim order directing the Ministry of Health and Family Welfare along with the National Disaster Management Authority to frame a policy or guidelines for compensating the people who died due to AEFI within 3 months.

The Union of India filed a review petition against the interim order. It was stated in the review petition that taking vaccination was a free and voluntary act. The Union argues that the AEFI does not amount to 'disaster' under Section 12(d) (Guidelines for minimum standards of relief) read with Section 2(d) of the Disaster Management Act, 2005, to make the deceased entitled to statutory compensation.

Another point raised was that the High Court should not have passed any interim order considering that a writ petition on the same issue titled Rachana Gangu & Anr v. UOI is pending before the Supreme Court.

However, during the pendency of the review petition, a contempt petition for non-compliance with the interim order was filed and the High Court issued notice. Hence, the present SLP by the Union. Union has also filed a transfer petition seeking the transfer of this matter before the High Court to the Supreme Court to be tagged along Rachana Gangu's case.

In Rachana Gangu's case, the Union had filed an affidavit stating that the Government cannot be held liable for the deaths that occurred due to administrating COVID-19 vaccines.

The matter will be heard on March 18.

Case Details: UNION OF INDIA v.SAYEEDA K.A. & ORS|Special Leave to Appeal (C) No(s). 16452/2023

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