Supreme Court Mandates No-Fault Compensation for Serious COVID-19 Vaccine Side Effects -Landmark Win for Victims
COVID
Supreme Court orders Centre to create no-fault compensation policy for severe COVID vaccine adverse events. No liability admission; AEFI monitoring continues-key details & implications.
Pune, 10 March, 2026: The Supreme Court of India delivered a groundbreaking ruling on March 9, 2026, directing the Union Government to urgently frame a “no-fault” compensation policy for individuals suffering serious adverse events following COVID-19 vaccination. Delivered by Justices Vikram Nath and Sandeep Mehta, this order addresses long-standing grievances from vaccine recipients who faced life-altering complications like blood clots, neurological disorders, and fatalities post-jab, without adequate state redress. The bench emphasized that while existing Adverse Events Following Immunization (AEFI) surveillance mechanisms remain operational, affected families deserve swift, liability-free payouts to uphold Article 21’s right to health.
This verdict stems from petitions highlighting tragic cases, including two Kerala women who allegedly died in 2021 after their first Covishield dose, and similar claims nationwide. Petitioners argued government data itself acknowledged vaccine-linked deaths and disabilities, yet no uniform compensation existed-unlike Japan’s proactive scheme or US’s CICP. The Court rejected calls for a separate expert panel, trusting ICMR-NVBPHECS’s scientific monitoring, but mandated public data transparency on AEFI stats. Crucially, the policy rollout admits no governmental fault, shielding authorities while enabling humanitarian relief.
India administered over 2.2 billion COVID doses from 2021-2023, with official AEFI reports logging 75 lakh minor and 2 lakh serious events, including 488 deaths classified as “probable vaccine-related.” Maharashtra alone saw 15,000+ cases, with Pune’s urban vaccination drives amplifying exposure among healthcare workers and seniors. Victims pursued sporadic civil suits or ex-gratia claims (Rs 5-10 lakh via states), but bureaucratic delays frustrated families—some waiting years for autopsies or causality proof. The SC’s intervention echoes Kerala HC’s 2022 nudge to NDMA, now escalated nationally.
Health Secretary’s affidavit admitted “some deaths” per data, reinforcing state responsibility under right-to-life jurisprudence. Compensation quantum awaits policy details-likely tiered: Rs 5-20 lakh for disabilities, higher for fatalities-but claims process must be digitized, accessible via Aadhaar-linked portals. No-fault means no litigation proving negligence, slashing hurdles forCovaxin/Covishield claimants. Experts like Dr. Rahul Patil hail it as “belated justice,” urging timelines: notify by June 2026, operational by Diwali.
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