Government not responsible for deaths related to Covid vaccine: Centre tells SC

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• Nov 29, 2022 | Dhupali Das

The Centre also emphasised that there is no legal compulsion to get the Covid-19 vaccine...

Digital Desk: The Centre has informed the Supreme Court that the vaccines used in the Covid vaccination programme are made by third parties and are recognised as safe and effective, and there is no evidence to suggest how the state can be held responsible for the unfortunate deaths of the petitioners' children.

The Centre also emphasised that there is no legal compulsion to get the Covid-19 vaccine.

The Centre's response came in response to a petition filed by the parents of two girls who died due to the side effects of the Covid vaccine.

The Ministry of Health and Family Welfare, in an affidavit, said: "There is no material to suggest how the state can be fastened with strict liability for the tragic death of the respective children of the petitioners, which is the requirement in law to sustain a claim for compensation against the state under Article 32 of the Constitution."

The ministry said that the vaccines used in the vaccination campaign are made by third parties and have successfully passed regulatory review in India and other countries, as well as being recognised globally as safe and effective.

"Under these facts, it is most humbly submitted that holding the state directly liable to provide compensation under the narrow scope of strict liability for extremely rare deaths occurring due to AEFI (Adverse Events Following Immunisation) from the use of vaccines may not be legally sustainable," it said.

The Health Ministry added that if a person suffers physical injury or death as a result of an AEFI, appropriate legal remedies are available to vaccine recipients or their families, including filing a claim for damages/compensation in civil courts for carelessness, malfeasance, or misfeasance.

Such claims may be addressed on a case-by-case basis in an appropriate forum, it said, adding that while the deaths were unfortunate, the government could not be held responsible.

The Health Ministry stated in an affidavit submitted on November 23 that, while the government strongly encourages all eligible persons to take the vaccination in the public interest, there is no legal compulsion to do so.

The government responded to a petition filed by the parents of two girls who died as a result of the side effects of the Covid vaccine, represented by advocate Satya Mitra.

In August, the Supreme Court issued a notice to the Centre on the parents' petition, which demanded an independent investigation into the deaths, as well as the immediate release of the autopsy and investigation reports. The petitioners also asked for monetary compensation and recommendations for early discovery and treatment of anyone suffering from Covid vaccination side effects.

The petitioners' counsel stated that the first petitioner's 18-year-old daughter took the first dose of Covishield in May 2021 and died in June 2021. The second petitioner's 20-year-old daughter died in July 2021 after receiving the first dose of Covishield in June 2021.