The Supreme Court of India has recently directed the Union Government to clarify its stance on granting compensation to families of individuals who allegedly died due to Adverse Events Following Immunization (AEFI) related to the COVID-19 vaccine. The directive was issued by a bench comprising Justices Vikram Nath and Sandeep Mehta, which is currently hearing a Special Leave Petition (SLP) filed against an interim order of the Kerala High Court.
The case originates from a writ petition filed by Sayeeda K.A., who sought ex-gratia compensation following the death of her husband, allegedly due to the COVID-19 vaccine. The Kerala High Court, in its interim order, directed the Ministry of Health and Family Welfare, along with the National Disaster Management Authority, to establish a policy for compensating affected families within three months.
However, the Union of India filed a review petition challenging the interim order. The central government argued that receiving the COVID-19 vaccine was voluntary and free and that deaths due to AEFI do not fall under the definition of ‘disaster’ as per Section 12(d) read with Section 2(d) of the Disaster Management Act, 2005. Consequently, the government contended that there was no statutory obligation to provide compensation for such cases.
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Furthermore, the Union Government pointed out that a similar matter—Rachana Gangu & Anr v. Union of India—is already pending before the Supreme Court. The government argued that the Kerala High Court should not have issued an interim order while a related case was under consideration in the apex court.
"Since a writ petition on the same subject matter is pending before this Court, the High Court ought not to have passed an interim order," the Union submitted in its plea.
During the pendency of the review petition, a contempt petition was filed against the authorities for non-compliance with the High Court’s interim order. This led to the issuance of a notice by the Kerala High Court. Consequently, the Union Government has now approached the Supreme Court seeking the transfer of this matter from the Kerala High Court and tagging it along with the Rachana Gangu case.
In the Rachana Gangu case, the Union Government had previously filed an affidavit stating that it could not be held liable for deaths resulting from the administration of COVID-19 vaccines. The government’s stand remains consistent that vaccination was voluntary and that adverse reactions, if any, do not warrant compensation under the Disaster Management Act.
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During the hearing on February 25, 2025, the Supreme Court granted the Additional Solicitor General, Ms. Aishwarya Bhati, three weeks to obtain further instructions from the government regarding a compensation policy.
"The learned Additional Solicitor General prays for and is granted three weeks’ time to obtain further instructions," stated the court in its order.
The matter has now been listed for the next hearing on March 18, 2025, where the Supreme Court is expected to hear further arguments and decide on the appropriate course of action regarding vaccine-related compensation claims.
Case Details: UNION OF INDIA v.SAYEEDA K.A. & ORS|Special Leave to Appeal (C) No(s). 16452/2023
