Can Centre frame compensation policy for deaths linked to COVID-19 vaccine? Supreme Court

The Supreme Court on Tuesday asked the Central government to respond on whether it could frame a policy to deal with grant of compensation for the families of those whose deaths are linked to side effects of the COVID-19 vaccine [Union of India v. Sayeeda KA and connected matters]..The Central government today told the Bench of Justices Vikram Nath and Sandeep Mehta that only the disease of COVID-19 was declared a disaster and not deaths linked to the vaccines administered for COVID.Hence, there is no policy under the Disaster Management Act which grants compensation for deaths linked to COVID-19 vaccines, the government said..Additional Solicitor General Aishwarya Bhati added that COVID-19 vaccines are governed by a medical protocol formulated in line with best global practices, which ensures the early detection and treatment of any Adverse Effect Following Immunisation (AEFI) during the administration of vaccines."COVID was disaster. But COVID vaccination is as per medical protocol, in line with best practices in the world … Any COVID death would have been covered by the policy. But COVID vaccination, there is a protocol in place which (involves) AEFI (monitoring) mechanism (which examines) what is the causation of death, whether it is directly linked etc.," she said. .The Bench, however, observed that COVID-19 deaths need not be treated differently from deaths linked to the administration of COVID vaccines."Ultimately, the entire (COVID) vaccination drive was also out of the pandemic. you cannot say they are not interlinked," the Bench orally remarked.It asked the Centre to examine whether a policy could be framed to extend compensation for deaths linked to COVID vaccines as well, and come back to the Court with an answer in three weeks' time.The matter will be heard next on March 18..The Court was dealing with a case concerning a woman (petitioner) whose husband is stated to have passed away due side effects of the COVID vaccine.The petitioner had initially moved the Kerala High Court in 2022 seeking ex gratia compensation for her husband's untimely demise. In September that year, the High Court was told that there is no specific policy that dealt with the grant compensation to those who succumbed to the possible side effects of COVID vaccines. At the time, the High Court observed that even if the numbers are very few, there are instances where persons are suspected to have succumbed to the after-effects of the COVID vaccine. The High Court, therefore, ordered the National Disaster Management Authority (NDMA) to frame a policy or guidelines for identifying cases of death due to the after-effects of COVID-19 vaccination in order to compensate the dependents of such victims.This directive was challenged by the Central government before the Supreme Court, which stayed the High Court directive in 2023.."There cannot be mandamus for us to frame a policy in a particular manner when the policy has already been framed and it has not covered them," ASG Bhati told the Court today while explaining the case history. The Central government added that the Court may tag this case along with similar issues pending before the top court in the case of Rachna Gangu v. Union of India. Alternatively, the ASG suggested that the Court could send all such cases to a common High Court. Notably, the Serum Institute of India, which manufactured the COVISHIELD vaccine has also filed a transfer petition in the matter. .The ASG added that the Supreme Court may decide on the larger issues raised in this case, but added that the petitioner cannot press questions of medical negligence in a writ petition before the top court. She also highlighted that a robust mechanism was put in place by the government to monitor the administration of COVID vaccines, but maintained that no compensation can be given by disaster management authorities to those who may succumb to its side effects in rare cases. .Meanwhile, the petitioner who had initially moved the High Court in the matter, questioned why no compensation is being extended for the relatively small number of deaths linked to COVID-19 vaccines, when lakhs of people have been compensated on account of the disease itself. "More than 14 lakh people were compensated due to COVID death. Admittedly, death due to Adverse Effects from COVID vaccines is only around 200. Why can't they (compensate for this as well)? Admittedly, the cause of vaccination arises out of disaster, the COVID 19 disaster. I am limiting my submission to, order passed by High Court may not be disturbed," the petitioner's counsel said. .The Court eventually asked the Centre to take a call on this issue and come back with its response. "You could accept the order of the Kerala High Court, frame a policy, (decide) whether or not they are entitled to, and if they are entitled, to what extent," the Bench suggested. ASG Bhati assured the Bench that the government would come back with a response, and sought three weeks time."We have not taken a call, whether they are not covered or not. We will decide one way or another," she said. .[Read Live Coverage]