The Central Government informed a bench of Justices Vikram Nath and Sandeep Mehta that only the COVID-19 disease had been declared a disaster, not deaths caused by COVID vaccinations, Bar and Bench reported. It further argued that compensation for vaccine-related deaths was not covered under the Disaster Management Act.
According to Additional Solicitor General Aishwarya Bhati, COVID-19 vaccination was governed by medical protocol and best global practices. It ensures any Adverse Effect Following Immunization (AEFI) is detected and treated as soon as possible after vaccination administration.
“COVID was a disaster. But COVID vaccination is as per medical protocol, in line with best practices in the world … Any COVID death would have been covered by the policy. But COVID vaccination, there is a protocol in place which (involves) AEFI (monitoring) mechanism (which examines) what is the causation of death, whether it is directly linked etc.,” she added.
The court observed that the COVID-19 vaccination drive was part of the efforts to counter the pandemic and that the government cannot say that vaccine-related deaths are not interlinked with the pandemic. “Ultimately, the entire (COVID) vaccination drive was also out of the pandemic. You cannot say they are not interlinked,” the bench said.
It asked the government to examine if a policy might be developed to include compensation for deaths caused by vaccines and respond to the court within three weeks. The matter has been listed for further hearing on March 18.
Earlier, the Kerala High Court directed the government to frame a policy for compensation.
Supreme Court orally suggests that Centre to consider if it can frame a policy on compensation of deaths linked to #COVID19 vaccines, to what extent compensation can be granted. pic.twitter.com/mz21Gc1xWS
— Bar and Bench (@barandbench) February 25, 2025
In 2022, the petitioner, whose husband allegedly died due to the side effects of the COVID-19 vaccine, moved the Kerala High Court seeking x gratia compensation. The HC said there was no specific policy, which dealt with the grant compensation for those who died due to the side effects of COVID vaccines.
It further ordered the National Disaster Management Authority (NDMA) to frame a policy or guidelines to identify such cases of death to compensate the dependents of such victims. This directive was challenged by the central government in the Supreme Court, which suspended the High Court directive until 2023.
“There cannot be a mandamus for us to frame a policy in a particular manner when the policy has already been framed and it has not covered them,” the ASG added on Tuesday.
The government said the court may combine this matter with similar issues pending before the Supreme Court. Alternatively, the ASG urged that the court refer all such cases to a common high court.
However, the petitioner’s counsel pointed out that over 14 lakh people were compensated for COVID-19 deaths and questioned why a similar compensation policy couldn’t be extended to the relatively small number of deaths linked to COVID-19 vaccines.
The bench eventually directed the Center to make a decision on this matter and respond accordingly. “You could accept the order of the Kerala High Court, frame a policy, (decide) whether or not they are entitled to, and if they are entitled, to what extent,” it said.
Bhati stated that the government would respond in three weeks’ time, saying, “We have not taken a call, whether they are not covered or not. We will decide one way or another.”
