Will Centre compensate for adverse Covid vaccine effects? SC seeks govt reply on framing policy
A bench comprising Justices Vikram Nath and Sandeep Mehta said that Covid-19 deaths and vaccine-related deaths should not be viewed in isolation.
After the Centre told the Supreme Court that there was no scheme on compensation for the adverse effects of Covid-19 vaccination, the apex court asked the Union government on Tuesday to respond on the possibility of framing a policy.
A bench comprising Justices Vikram Nath and Sandeep Mehta said that Covid-19 deaths and vaccine-related deaths should not be viewed in isolation.
"Ultimately, the entire vaccination drive was a response to the pandemic. You cannot say they are not interlinked," it said, according to a news agency PTI report.
Sayeeda K A, whose husband died allegedly due to the side effects of the Covid-19 vaccine, moved the Kerala high court seeking compensation. It was alleged that there was no specific policy to deal with the adverse effects following immunisation (AEFI).
The high court had ordered the National Disaster Management Authority (NDMA) in August 2022 to frame a policy for identifying cases of death due to the after-effects of Covid-19 immunisation to pay compensation to the kith and kin of the deceased.
The Supreme Court took note of the appeal of the Centre and stayed the high court’s decision in 2023.
The Serum Institute of India, which manufactured one of the Covid-19 vaccines, has also filed a transfer petition. The next hearing in the case is scheduled for March 18.
What did govt say in Covid vaccine compensation case?
The central government, represented by additional solicitor general Aiashwarya Bhati, told the Supreme Court that the pandemic was declared a disaster and AEFI, including the deaths, were not covered under it and there was no policy for compensation in such cases.
The law officer said there was no policy under the Disaster Management Act to deal with the AEFI following the Covid-19 immunisation.
"The Covid-19 was declared a disaster, but the vaccination drive was conducted as per the medical protocol. The AEFI mechanism assesses whether a death is directly linked to the vaccine," she said.
Bhati sought three weeks to respond to the court’s suggestion which was allowed by the bench.
