‘Not liable to compensate for deaths because of Covid vaccine,’ Centre tells SC

Express News Service

NEW DELHI: The Centre on Tuesday knowledgeable the Supreme Court that the federal government can’t be held chargeable for hostile results as a result of administration of vaccine towards Covid-19 and compensation for demise induced because of vaccine can’t be sought by submitting a go well with in courtroom. 

The affidavit filed within the apex courtroom by the Centre assumes significance in view of the truth that the federal government has been zealously pursuing the Covid-19 vaccination programme to struggle the pandemic and, as per newest experiences, over 219 crore doses have been administered.

The affidavit was filed in response to a petition by the mother and father of two ladies who died allegedly because of hostile results of Covishield vaccine. The daughters of the petitioners have been aged 19 and 20 years.

A well being employee holds up a Covishield vial. (File Photo | EPS)

The Centre claimed vaccines manufactured by third events had efficiently undergone regulatory assessment, and holding the state instantly liable to supply compensation will not be legally sustainable.

“If a person suffers physical injury or death due to an AEFI (Adverse Events Following Immunization), 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. Such claims may be determined on a case-to-case basis in an appropriate forum. There is no material to suggest how the State can be fastened with strict liability for the tragic,” the affidavit states. 

It has additionally been acknowledged within the affidavit that vaccination of eligible inhabitants below the National Covid-19 Vaccination Program is ‘voluntary.’ 

It additional is added, “The Operational Guidelines issued by the Central Government to all States/UTs clearly state that vaccination is voluntary. 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 public interest, there is no legal compulsion for the same.”

“AEFI investigation and causality assessment process is a completely transparent process. AEFIs are thoroughly examined and results are made publicly available as soon as possible. existing mechanism for monitoring, investigation and analysis of AEFIs is adequate, effective and transparent,” the affidavit states. 

NEW DELHI: The Centre on Tuesday knowledgeable the Supreme Court that the federal government can’t be held chargeable for hostile results as a result of administration of vaccine towards Covid-19 and compensation for demise induced because of vaccine can’t be sought by submitting a go well with in courtroom. 

The affidavit filed within the apex courtroom by the Centre assumes significance in view of the truth that the federal government has been zealously pursuing the Covid-19 vaccination programme to struggle the pandemic and, as per newest experiences, over 219 crore doses have been administered.

The affidavit was filed in response to a petition by the mother and father of two ladies who died allegedly because of hostile results of Covishield vaccine. The daughters of the petitioners have been aged 19 and 20 years.

A well being employee holds up a Covishield vial. (File Photo | EPS)

The Centre claimed vaccines manufactured by third events had efficiently undergone regulatory assessment, and holding the state instantly liable to supply compensation will not be legally sustainable.

“If a person suffers physical injury or death due to an AEFI (Adverse Events Following Immunization), 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. Such claims may be determined on a case-to-case basis in an appropriate forum. There is no material to suggest how the State can be fastened with strict liability for the tragic,” the affidavit states. 

It has additionally been acknowledged within the affidavit that vaccination of eligible inhabitants below the National Covid-19 Vaccination Program is ‘voluntary.’ 

It additional is added, “The Operational Guidelines issued by the Central Government to all States/UTs clearly state that vaccination is voluntary. 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 public interest, there is no legal compulsion for the same.”

“AEFI investigation and causality assessment process is a completely transparent process. AEFIs are thoroughly examined and results are made publicly available as soon as possible. existing mechanism for monitoring, investigation and analysis of AEFIs is adequate, effective and transparent,” the affidavit states.