[COVID-19 vaccine deaths] Formulate policy for compensation: Kerala High Court directs NDMA

While observing that there were at least three cases placed before the court since June this year where persons had succumbed to the after-effects of Covid-19 immunization, the Kerala High Court has asked the National Disaster Management Authority (NDMA) to formulate guidelines for compensation in such cases. 

The bench of Justice VG Arun was dealing with a writ petition moved by a woman whose husband had allegedly died due to adverse events following his Covid-19 vaccination. 

When the matter was taken up on the previous occasion, the Assistant Solicitor General of India was directed to get instructions as to whether the Government of India has formulated any policy for compensating the victims of adverse events following the Covid-19 vaccination.

However, ASG informed the court that no such policy has so far been formulated.

The court, therefore, opined that since there are instances being reported where deaths are occurring following the Covid-19 vaccination, though the number may be very small, the Union of India and State Governments are bound to formulate a policy for identifying such cases and compensating the dependants of the victim.

Accordingly, court directed the NDMA to formulate policy/ guidelines for identifying cases of death due to the after-effects of Covid-19 vaccination and for compensating the dependants of the victim.

Court ordered that the needful in this regard shall be done as expeditiously as possible and at any rate, within three months.

Case Title: Sayeeda KA v. UOI and Others