Key Facts and Data Points

  • No‑fault liability principle: Victims/families receive compensation without proving negligence.
  • Constitutional basis: Article 21 (Right to Life & Health) and Article 14 (Equality).
  • Incidence of serious adverse events: Approximately 0.001 per 1 lakh doses in India (e.g., rare clotting disorders).
  • Compensation precedent: NDMA guidelines (2021) fixed ₹50,000 per Covid‑19 death payable from the State Disaster Response Fund.
  • International models: Australia, United Kingdom, Japan have similar vaccine injury schemes.

Background and Context

  • The mass Covid‑19 vaccination drive, though termed voluntary, functioned effectively as a mandatory public health measure.
  • Earlier Supreme Court judgments:
  • Gaurav Kumar Bansal vs Union of India (2021) – mandated ex‑gratia assistance for Covid‑19 deaths.
  • Jacob Puliyel vs Union of India (2022) – upheld vaccine approval process and AEFI monitoring.
  • Existing Adverse Events Following Immunisation (AEFI) committees are deemed adequate for surveillance but now must extend to compensation.

Significance for India / Governance / Policy

  • Establishes a uniform, streamlined redressal mechanism, avoiding fragmented litigation.
  • Reinforces the State’s positive obligation to protect public health during large‑scale interventions.
  • Sets a precedent for future mass vaccination programmes (e.g., for emerging diseases).
  • Aligns India with global best practices, enhancing public confidence in vaccines.

Related Constitutional / Legal Provisions

  • Article 21 – Right to life includes the right to health; imposes a duty on the State to safeguard citizens.
  • Article 14 – Equality before law; prevents disparate outcomes from multiple individual lawsuits.
  • No‑fault liability – Already present in Indian law (e.g., motor vehicle accidents) and now extended to vaccine injuries.

Common and Rare Adverse Effects

  • Common (mild/moderate, 1–3 days): fatigue, headache, fever, soreness at injection site.
  • Rare serious 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, Janssen).

FAQs

  1. What is “no‑fault liability”?
  • Compensation without proving negligence or intent.
  1. Which constitutional articles were cited?
  • Articles 21 and 14.
  1. What are the two rare serious adverse events?
  • Myocarditis/pericarditis and TTS.

Relevance for UPSC

  • Illustrates the intersection of public health policy, constitutional law, and administrative governance.
  • Provides a case study for policy formulation, disaster management funds, and legal safeguards in health emergencies.
  • Useful for Prelims fact‑based questions and Mains analytical essays on state responsibility and health rights.