Government can't be held liable for vaccine-related deaths: Centre tells SC

New Delhi: In a response to a plea filed by the parents of two girls who had passed away alleged to the side-effects of Covid vaccine, the Centre told the Supreme Court that the vaccines in use are manufactured by third parties and as they are found safe and effective, there is no material to suggest how the state can be fastened with strict liability for the tragic deaths of the respective children of the petitioners.

Further, it emphasised that there is no legal compulsion to get Covid-19 vaccine.

"There is no material to suggest how the state can be fastened with strict liability for the tragic death of the respective children of the petitioners which is the requirement in law to sustain a claim for compensation against the state under Article 32 of the Constitution," said the ministry of Health and Family Welfare, in an affidavit.

It stated that vaccines in use under the vaccination programme have successfully undergone regulatory review in India as well as other nations, and are being recognised globally as safe and effective.

The Health Ministry added that if a person suffers physical injury or death from an AEFI (Adverse Events Following Immunization), appropriate remedies in law are open to the vaccine beneficiaries 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, it said, adding that the deaths were tragic but the government could not be held liable.

In the affidavit filed on November 23, the Health Ministry said that though the government strongly encourages all eligible persons to take vaccine in public interest, there is no legal compulsion for the same.

The government's response came on a plea filed by the parents, represented by advocate Satya Mitra, of two girls who had passed away owing to side-effects of Covid vaccine.

The petitioners also sought monetary compensation, and directions for guidelines for early detection and treatment of persons suffering from adverse side-effects of Covid vaccines.

The counsel for the petitioners submitted that the 18-year-old daughter of the first petitioner received the first dose of Covishield in May 2021 and died in June 2021. The 20-year-old daughter of the second petitioner received the first dose of Covishield in June 2021, and died in July 2021.

-IANS Inputs