Key Facts and Data Points

  • No‑fault liability principle ordered for Covid‑19 vaccine injury compensation.
  • Victims/families need not prove negligence of manufacturers or the State.
  • Incidence of serious clotting disorder cited: 0.001 per 1 lakh doses.
  • Existing Indian no‑fault scheme: Motor Vehicle Accident compensation.
  • International models: Australia, United Kingdom, Japan have similar vaccine injury schemes.
  • Rare serious adverse events:
  • Myocarditis/Pericarditis – linked to mRNA vaccines (Pfizer‑BioNTech, Moderna), mainly in adolescent/young adult males after the second dose.
  • Thrombosis with Thrombocytopenia Syndrome (TTS) – linked to viral‑vector vaccines (AstraZeneca, Johnson & Johnson).
  • Compensation amount (from earlier SC direction, 2021): Rs 50,000 per Covid‑19 death payable from State Disaster Response Fund.

Background and Context

  • The Covid‑19 vaccination drive in India was a state‑led public‑health intervention and, while officially voluntary, effectively became mandatory through administrative restrictions.
  • Prior Supreme Court judgments:
  • Gaurav Kumar Bansal vs Union of India (2021) – directed NDMA to recommend ex‑gratia assistance for Covid‑19 deaths.
  • Jacob Puliyel vs Union of India (2022) – upheld vaccine approval process and affirmed bodily integrity under Article 21.
  • Existing Adverse Events Following Immunisation (AEFI) committees monitor vaccine safety but were deemed insufficient without a compensation mechanism.

Significance for India / Governance / Policy

  • Constitutional duty: Article 21 (right to life & health) imposes a positive obligation on the State to support victims of rare vaccine injuries.
  • Equality principle: Article 14 prevents disparate outcomes from multiple individual litigations.
  • Establishes a uniform, streamlined red‑ressal mechanism, enhancing public confidence in vaccination programmes.
  • Aligns India with global best practices, potentially influencing future vaccine injury policies (e.g., for emerging diseases).

Related Constitutional / Legal Provisions

  • Article 21 – Right to life includes the right to health; mandates State’s proactive role.
  • Article 14 – Equality before law; prevents arbitrary differential treatment.
  • Motor Vehicles Act, 1988 – Provides a domestic precedent for no‑fault compensation.
  • Consumer Protection Act, 2019 – Though not directly applied, underscores the need for consumer redressal mechanisms.

International Perspective

  • Australia – National Vaccine Injury Compensation Scheme (NVICS).
  • United Kingdom – Vaccine Damage Payment Scheme.
  • Japan – Vaccine Injury Compensation System.
  • These schemes compensate victims without establishing fault, mirroring the SC’s directive.

Frequently Asked Questions (FAQs)

  1. What is “no‑fault liability”?
  • Compensation without the need to prove negligence or intentional wrongdoing.
  1. Which constitutional articles were cited?
  • Articles 21 (Right to Life & Health) and 14 (Equality).
  1. What are the two rare serious adverse events?
  • Myocarditis/Pericarditis (mRNA vaccines) and Thrombosis with Thrombocytopenia Syndrome (TTS) (viral‑vector vaccines).

Relevance for UPSC Exams

  • Prelims: Factual recall of the SC order, constitutional articles, and international models.
  • Mains: Analytical discussion on State’s positive obligations, policy design, and comparison with global schemes.

Prepared for UPSC Civil Services Examination aspirants.