'Govt cannot be held liable for deaths from COVID vaccine': Centre tells Supreme Court

On Tuesday, November 29, the Centre clarified to the Supreme Court that there was no legal compulsion to get a vaccination for COVID-19. The Centre filed an affidavit in the Supreme Court saying that the government cannot be held liable for adverse effects due to Covid vaccination. 

In an affidavit filed in the Supreme Court, the Centre said that in cases where a death is found to be induced due to the vaccine, the only remedy is to seek compensation by filing a suit in a civil court.

The Centre also asserted that the concept of informed consent is inapplicable to the voluntary use of a drug such as a vaccine. “While the Government of India strongly encourages all eligible persons to undertake vaccination in the public interest, there is no legal compulsion for the same,” the affidavit read.

It is worth mentioning that the affidavit came in response to a petition filed by two parents whose daughters have allegedly passed away due to the side effects of the COVID vaccine. The petitioner demanded an independent investigation into the deaths and an expert medical board to prepare a protocol for early detection and timely treatment of adverse effects following immunization (AEFI).

“Such claims may be determined on a case-to-case basis in an appropriate forum,” the Centre said. Further, the affidavit read, "There is no material evidence 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.”

Centre opposes the petition filed by parents

The Centre has opposed the petition seeking compensation from the respondents on the death of their respective children and said that causation analysis has revealed that the death of the daughter of the first petitioner was from a vaccine product-related reaction while in the case of the daughter of the second petitioner, there is insufficient evidence to arrive at a definitive conclusion.

“The prayers made by the Petitioners in regard to an independent review of AEFI cases ought not to be granted by this Court as the same would plant a seed of doubt in the existing regulatory and AEFI monitoring mechanism and harm the public interest. It may be noted that the Petitioners have failed to show how the existing AEFI monitoring and investigation system has proven to be inadequate in the present case,” Centre said urging the court to dismiss the plea.

Notably, if a person suffers physical injury or death from Adverse Events Following Immunization (AEFI), appropriate remedies in law are open to the vaccine beneficiary or their family including approaching civil courts for a claim of damages/compensation for negligence, malfeasance, or misfeasance.

Existing mechanism for monitoring AEFIs is adequate

The Centre further clarified that the information on COVID-19 vaccination has been made freely available in the public domain by both the vaccine manufacturer and the Ministry of Health and Family Welfare (MoHFW).

In the affidavit, it was also mentioned that AEFIs are reported for every vaccine in the world. Centre highlighted, "Vaccine beneficiary always has the option to access even more information about the vaccine and its possible adverse effects from the health workers at the vaccination site or their doctor before making an informed decision on their own. The government further said that as it submitted that once a vaccine beneficiary who has access to all relevant information, voluntarily chooses to enter a vaccination center and receive vaccination, the question of a lack of informed consent does not arise.

The Centre also said that the existing mechanism for monitoring, investigation and analysis of AEFIs under the National AEFI Committee and Secretariat is adequate, effective, transparent, and guided by global best practices and scientific medical experts.

(With inputs from ANI)