Set up compensation framework for serious Covid vaccine reactions: SC to Centre

The Supreme Court of India has directed the Union government to formulate a no fault compensation policy for individuals who suffered serious adverse events following Covid 19 vaccination , emphasising the need for a humane response while maintaining trust in public health programmes.

A bench of Justice Vikram Nath and Justice Sandeep Mehta said the Centre should design a framework that provides compensation in cases of severe vaccine related adverse events, without requiring victims to prove negligence or wrongdoing.

At the same time, the court clarified that the proposed framework should not be interpreted as an admission of liability or fault by the Union government or any public authority.

The court observed that India already has a scientific monitoring mechanism to assess adverse events following immunisation and therefore no separate court appointed expert body is required . The existing surveillance system will continue, and the government has been asked to periodically place relevant data in the public domain , in line with the court’s earlier observations.

The judgement came while disposing of petitions including one that alleged two women died in 2021 after receiving the first dose of the Covishield vaccine . The petitioners had sought compensation, saying the victims experienced severe adverse reactions after vaccination.

However, the bench clarified that individuals remain free to pursue other legal remedies available under law , even after the new compensation framework is created.

During earlier hearings, the Centre had presented vaccination data to the court. According to the government, over 220 crore vaccine doses were administered across India by December 2024. Out of these, 92,697 cases of adverse events following immunisation (AEFI) were reported, representing 0.0042 percent of total vaccinations .

Among these cases, 89,854 were classified as minor , while 2,843 were reported as severe or serious . The government also told the court that 1,171 deaths were reported , accounting for 0.00005 percent of total doses administered .

The Centre had earlier argued that the Covid pandemic was an unprecedented global disaster , and that vaccination played a crucial role in saving millions of lives and reducing severe illness.

The court also referred to its - May 2022 ruling in the case filed by Jacob Puliyel , where it held that bodily integrity is protected under Article 21 of the Constitution , and therefore no individual can be forced to take a Covid vaccine .

At the same time, the court recognised that governments have the authority to regulate public health measures in the interest of community safety, provided such decisions remain open to judicial scrutiny.

With the latest direction, the Supreme Court has attempted to strike a balance between public health protection and individual rights , while ensuring that those who suffered rare but serious vaccine related complications receive fair and timely support .