Supreme Court Directs Centre To Frame ‘No-Fault’ Compensation Policy For Serious COVID-19 Vaccine Side Effects

The bench of Justices Vikram Nath and Sandeep Mehta ordered the Union of India to create a no-fault compensation framework for such cases while clarifying that the formulation of the policy should not be treated as an admission of liability on the part of the government. “Union of India to frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination,” the Court directed.

The Bench further observed that the existing mechanism for monitoring adverse events following immunisation should continue to operate. It added that relevant data relating to such events must be periodically placed in the public domain.

“The existing mechanism for monitoring adverse events following immunisation shall continue and relevant data may be periodically placed in the public domain,” the Court said.

The Court also clarified that the creation of a compensation scheme should not be construed as the government acknowledging any fault. “The formulation of the no-fault framework shall not be construed as admission of liability or fault on the part of the Union of India or any other authority,” the Bench noted.

The Court was hearing a writ petition filed by the parents of two girls who allegedly died due to adverse effects of COVID-19 vaccination.

The petitioners sought compensation from the Union government for the deaths and also requested the Court to order the constitution of an independent expert committee to investigate the adverse effects of the vaccines. They further sought directions for the release of autopsy and investigation reports related to the deaths within a time-bound period.

Additionally, the plea requested the Court to direct the government to formulate guidelines for the early detection and treatment of individuals suffering from serious adverse effects following vaccination.

However, the Court declined to set up a new expert body to examine vaccine-related side effects.

The bench observed that an independent court-appointed committee was not necessary in view of the existing institutional mechanisms that monitor and scientifically assess adverse events following immunisation. “No separate court appointed expert body is considered necessary in view of the existing mechanisms for scientific assessment of adverse events following immunisation,” the Court stated.

At the same time, it clarified that its judgment would not prevent individuals affected by vaccine-related adverse events from pursuing remedies available to them under law. “It is clarified that the judgment shall not preclude any person from pursuing remedy available in law,” the Bench added.

The issue had earlier come before the Kerala High Court, which on September 6, 2022 directed the National Disaster Management Authority (NDMA) to formulate guidelines for identifying deaths allegedly caused by adverse effects of COVID-19 vaccination and to compensate the dependents of such victims.

The High Court was dealing with a plea filed by a woman who alleged that her husband had died due to side effects of the COVID-19 vaccine.

The Union government challenged that direction before the Supreme Court.

Before the apex court, the Centre argued that compensation under the Disaster Management framework was applicable only to deaths caused by the COVID-19 disease itself and not to deaths allegedly linked to vaccines administered during the pandemic.

According to the Union government, COVID-19 vaccines were governed by a medical protocol designed in accordance with global best practices. The Centre also submitted that the vaccination programme included a structured monitoring system to identify and treat any Adverse Event Following Immunisation (AEFI).

The government’s appeal against the Kerala High Court order was subsequently tagged with the petition filed by the parents of the two deceased girls. Both matters were heard together by the Supreme Court.

While issuing its directions, the Supreme Court emphasised that the existing surveillance framework for monitoring vaccine safety would remain operational.

It also reiterated that the new compensation policy would function as a no-fault mechanism, meaning that affected individuals could receive compensation without having to establish negligence or fault on the part of the government or any authority.

Conclusively, the Court directed the Union government to formulate an appropriate compensation policy addressing serious adverse events following COVID-19 vaccination.

Case Title: Rachana Gangu & Anr v. Union of India & Ors and connected matters

Bench: Justices Vikram Nath and Sandeep Mehta

Order Date: March 10, 2026