The Supreme Court, in the Rachana Gangu case, has ordered the Ministry of Health to create a no‑fault compensation scheme for serious adverse events following COVID‑19 vaccination, shifting away from a fault‑based liability model. This landmark directive aligns India with global best practices, underscores the judiciary’s role in public‑health policy, and sets a precedent for future immunisation programmes such as HPV.
Supreme Court Directive on Vaccine Compensation The Supreme Court of India in the case of Rachana Gangu has directed the Ministry of Health and Family Welfare to frame a no‑fault compensation scheme for serious AEFI arising from India’s COVID‑19 vaccination drive. The order marks a shift from the earlier fault‑based liability approach to a more claimant‑friendly model. Key Developments The Court responded to writ petitions filed by families of two young women (aged 18 and 20) who died in 2021, allegedly due to VITT after receiving Covishield . The government’s earlier stance—that vaccination was voluntary, AEFI rates were negligible, and aggrieved parties could sue manufacturers—was rejected as impractical for ordinary citizens. The ruling builds on the 2022 Jacob Puliyel judgment, which, while upholding emergency vaccine approvals, stressed the need for transparent AEFI data. Internationally, the decision aligns India with countries like the U.S., U.K., and the global COVAX facility that already operate no‑fault schemes. Important Facts By 2024, India had administered 219 crore vaccine doses and reported over 1,100 deaths temporally associated with vaccination. AstraZeneca, in a UK court filing (2024), acknowledged that Covishield can, in rare cases, cause VITT , undermining the government’s claim of no causal link. The Court clarified that its order does not adjudicate individual causation; it merely fills the policy vacuum. The directive is expected to set a precedent for future immunisation programmes, including the upcoming HPV vaccination drive. UPSC Relevance Understanding this development is crucial for GS 2 (Polity) and GS 4 (Health & Social Justice). It illustrates: The role of the judiciary in shaping public‑health policy and safeguarding citizens’ rights. How a welfare state balances individual risk with collective benefit in large‑scale health interventions. Comparative analysis of compensation mechanisms across countries, useful for questions on health governance and international cooperation. Way Forward To operationalise the Court’s directive, the Ministry should: Draft clear eligibility criteria, compensation quantum, and a fast‑track adjudication process. Integrate AEFI surveillance data with the compensation mechanism to ensure transparency. Coordinate with state health departments and the COVAX model for best practices. Publicise the scheme widely to build vaccine confidence ahead of upcoming campaigns such as HPV. By establishing a no‑fault system, India moves closer to international standards, reinforcing its commitment to a proactive, rights‑based public‑health framework.
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Overview
Supreme Court’s no‑fault vaccine compensation order strengthens India’s public‑health safety net
Key Facts
Supreme Court, in the Rachana Gangu case (2024), directed the Ministry of Health & Family Welfare to frame a no‑fault compensation scheme for serious AEFI arising from COVID‑19 vaccination.
The order replaces the earlier fault‑based liability regime, allowing victims to claim compensation without proving negligence of manufacturers or the government.
By 2024, India had administered 219 crore COVID‑19 vaccine doses and reported over 1,100 deaths temporally associated with vaccination.
The writ petitions were filed by families of two young women (18 yrs and 20 yrs) who died in 2021, allegedly due to vaccine‑induced immune thrombotic thrombocytopenia (VITT) after receiving Covishield.
International models cited include the U.S. Vaccine Injury Compensation Program, the U.K.’s Vaccine Damage Payment Scheme, and the COVAX no‑fault mechanism for LMICs.
The Court clarified that its directive does not adjudicate individual causation; it merely fills the policy vacuum for a compensation framework.
The scheme is expected to serve as a template for future immunisation drives, such as the upcoming HPV vaccination programme.
Background & Context
The directive sits at the intersection of GS‑2 (Polity) and GS‑4 (Health) as it showcases judicial activism shaping public‑health policy and reinforces the welfare‑state principle of protecting citizens from adverse vaccine outcomes. It also aligns India with global best practices on vaccine injury compensation, reflecting commitments under international health cooperation frameworks like COVAX.
UPSC Syllabus Connections
GS2•Government policies and interventions for developmentPrelims_GS•National Current AffairsEssay•Youth, Health and WelfarePrelims_GS•Biology and HealthGS2•Welfare schemes for vulnerable sections
Mains Answer Angle
In a Mains answer, candidates can discuss how the Supreme Court’s order exemplifies the judiciary’s role in policy‑making, the shift to a rights‑based health governance model, and its implications for future large‑scale immunisation programmes. (GS‑2/GS‑4)