6 months ago
2
The Supreme Court connected Thursday (November 13, 2025) reserved for orders a petition seeking compensation for ‘After Effects From Immunisation’ (AEFI) deaths allegedly caused by COVID-19 vaccination.
A Bench of Justices Vikram Nath and Sandeep Mehta heard the writ petition filed by Rachna Gangu and Venugopalan Govindan who alleged their daughters died owed to adverse effects of COVID vaccination. The tribunal bid would besides determine a plea to represent a committee to enquire into AEFI instances.
The tribunal besides considered a abstracted petition filed by the Centre against a Kerala High Court bid to formulate a argumentation to place and compensate for AEFI deaths related to COVID vaccination.
Over 1,100 AEFI-linked deaths person been reported successful the country.
‘Forced connected public’
Senior advocator Colin Gonsalves, appearing for the parents, said the vaccine was forced upon the public, adjacent connected children, portion the authoritative mentation remained that taking it was “voluntary”. Non-immunisation was adjacent criminalised astatine the time, Mr. Gonsalves said. Suppression of accusation astir the after-effects of the vaccine was institutionalised, helium submitted. Mr. Gonsalves said steadfast people, similar the petitioners’ daughters, aged 18 and 20, developed terrible encephalon clots aft the vaccination and died.
Advocate Prashant Bhushan, appearing for an intervenor, supported the plea for an autarkic probe into AEFI instances, portion Mr. Gonsalves said helium had amended his petition to study much of specified cases.
The Bench, however, asked Mr. Gonsalves astir the root of his information showing the deaths were AEFI-related. The tribunal asked if helium had immoderate empirical ground to his allegations. The tribunal criticised the petitioners’ presumption that the Indian authorities covered up the existent fig of AEFI deaths portion countries specified arsenic the U.K. were transparent with their figures. “You bash not spot information fixed by your government, but spot the U.K. government?” the tribunal asked the petitioners.
Additional Solicitor General Aishwarya Bhati, for the Centre, countered that the authorities cannot beryllium held liable to wage compensation for deaths owed to medication of COVID-19 vaccines.
Earlier successful an affidavit, the Centre had maintained that “holding the authorities straight liable to supply compensation nether the constrictive scope of strict liability for highly uncommon deaths occurring owed to AEFIs from the usage of vaccines whitethorn not beryllium legally sustainable”.
Ms. Bhati said the authorities had made “substantial efforts” to guarantee a harmless and effectual vaccination programme during the pandemic.
“If beneficiaries had suffered carnal wounded oregon decease from an AEFI, due remedies successful instrumentality were disposable to them oregon their families. They could attack civilian courts to assertion damages for negligence, malfeasance oregon misfeasance. Such claims whitethorn beryllium determined connected a case-by-case ground successful an due forum,” the authorities has argued.
The authorities affidavit said a full of 219.86 crore doses of COVID 19 vaccines were administered successful the state till November 19, 2022. A corporate 92,114 AEFI cases (0.0042%) were reported, of which 89,332 (0.0041%) were insignificant instances and 2,782 cases were superior and terrible AEFIs (0.00013%). Ms. Bhati said the full deaths reported were 1,171.
