SYLLABUS
GS-2: Issues relating to development and management of Social Sector/Services relating to Health; functioning of the Executive and the Judiciary.
Context: Recently, the Supreme Court of India directed the Union government to formulate a “no-fault” compensation policy for serious COVID-19 vaccine-related injuries and deaths.
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- The direction was issued to the Ministry of Health and Family Welfare in response to petitions seeking compensation for deaths linked to After Effects From Immunisation’ (AEFI).
- The court observed that India does not currently have a uniform and structured mechanism to compensate individuals who suffer serious adverse effects after vaccination.
- The court noted that vaccination programmes are undertaken as public health measures by the State; therefore, mechanisms for redress and compensation are necessary.
Supreme Court’s Observations
- The court stated that no-fault vaccine injury compensation schemes are a recognised feature of welfare state responses in many countries.
- The court explained that the principle of no-fault liability allows swift compensation to victims without requiring a prolonged investigation into responsibility or negligence.
- The judgment relied on Article 21, affirming that the right to life includes the right to health, and held that State–citizen relations extend beyond fault-based liability, requiring the State to act as an active guardian of welfare, dignity, and public health under constitutional principles.
Data on Adverse Events Following Immunisation
- Government data shows that about 219.86 crore doses of COVID-19 vaccines were administered in India until November 2022.
- The total number of reported AEFI cases was 92,114, which represents about 0.0042% of total vaccinations.
- The majority of reported cases, about 89,332 (0.0041%), were minor adverse events.
- The number of serious and severe adverse events was 2,782, which represents about 0.00013% of total vaccinations.
- The total number of deaths reported in connection with adverse events following immunisation was 1,171.
Significance of the Judgment
- Strengthens Right to Health: The judgment reinforces the interpretation of Article 21 of the Constitution of India by affirming that the right to life includes the right to health and protection from vaccine-related harm.
- Promotes Welfare State Responsibility: It emphasises that when the State undertakes large-scale public health programmes such as vaccination, it must also ensure fair compensation mechanisms for rare adverse outcomes.
- Encourages Institutional Reform: The direction to frame a no-fault compensation policy could lead to the establishment of a structured national framework for vaccine injury compensation, improving public health governance.
- Enhances Public Trust in Vaccination: A transparent and predictable compensation mechanism may increase public confidence in vaccination programmes and future public health interventions.
India’s COVID-19 vaccination drive
- As of 4 March 2023, MoHFW data show that roughly 74% of India’s total population had received at least one COVID‑19 vaccine dose and about 69% were fully vaccinated, with coverage significantly higher among the eligible 12+ population.
- India has authorised a variety of vaccines, ranging from locally developed to internationally licensed options:
- Covishield (Oxford–AstraZeneca): The most widely used vaccine in India, manufactured by the Serum Institute of India. It uses non-replicating viral vector technology and is typically administered in two doses.
- Covaxin: India’s first indigenous vaccine, developed by Bharat Biotech in collaboration with the ICMR. It is an inactivated virus vaccine given in two doses, 28 days apart.
- Sputnik V: A Russian-developed viral vector vaccine manufactured under license in India. It utilises two different adenovirus vectors for its two doses.
- Corbevax: A protein subunit vaccine developed by Biological E. Limited. It was primarily used for children aged 12–14 and later approved for booster use in certain cases.
- iNCOVACC: The world’s first intranasal COVID-19 vaccine, developed by Bharat Biotech. It is administered as a needle-free booster.
Source :
The Hindu
Times of India