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.
Exam 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.