Supreme Court of India: Government Cannot Absolve Responsibility for Adverse COVID-19 Vaccine Effects

NEW DELHI — In a significant judicial intervention, the Supreme Court of India has ruled that the Union Government cannot distance itself from responsibility in cases where citizens suffered fatalities or severe health complications following COVID-19 vaccinations.

​Constitutional Obligation to Citizens

​A bench comprising Justice Vikram Nath and Justice Sandeep Mehta emphasized that since the nationwide vaccination drive was a state-led initiative, the government is duty-bound to assist those who suffered grievous harm. The Court invoked Article 21 of the Constitution, noting that the right to life and personal liberty imposes a positive obligation on the State to protect its citizens.

​The Court highlighted that the government's own data acknowledges instances of fatalities and severe adverse effects following immunization. Key observations from the bench included:

• ​Accountability: The State cannot bypass its liability when a public health policy leads to unintended but severe consequences.
• ​Support Systems: There is a fundamental necessity for a mechanism to support and compensate those affected by "Adverse Events Following Immunization" (AEFI).
• ​Policy Directive: The bench has formally directed the Central Government to formulate a comprehensive policy to address the grievances of individuals who faced life-altering health issues post-vaccination.

​Legal Implications

​This directive marks a pivotal moment in the post-pandemic legal landscape, shifting the focus toward state accountability in public health mandates. By linking vaccine-related grievances to Article 21, the Supreme Court has reinforced that the safety of the individual remains paramount, even during large-scale national emergencies.