SC Reserves Order On Probe Into Covid Vaccine Deaths; Centre Cites 'Extremely Rare' Adverse Effects

The Supreme Court on Thursday reserved its order on a petition demanding an independent, court-monitored investigation into deaths and severe injuries allegedly caused by Covid-19 vaccines administered

during the mass immunisation drive. The petition also sought the formation of a policy for compensation in such cases.

The plea was heard by a bench of Justices Vikram Nath and Sandeep Mehta and comes in the context of increasing public concern following recent international disclosures regarding the potential for rare adverse effects from vaccines. The petition was brought by parents who allege their daughters died due to complications like severe brain clots following vaccination.

Countering the plea, the union government, represented by the Additional Solicitor General, maintained that the instances of adverse effects following immunisation (AEFI) were “extremely rare” and that the State cannot be held liable under the scope of strict liability for such events.

The government presented detailed data to support its stance, stating that a total of 219.86 crore doses of Covid-19 vaccines were administered in the country until November 19, 2022. Out of this massive number, the government reported only 92,114 AEFI cases, representing an overall adverse effect rate of approximately 0.0042%.

Of the reported AEFI cases, the Centre classified 2,782 as serious or severe instances, accounting for just 0.00013% of the total doses. The total deaths linked to AEFI reported so far stand at 1,171.

Senior advocate Colin Gonsalves, arguing for the petitioners, contended that information about the vaccine’s after-effects was allegedly suppressed and that the vaccination was, in effect, “forced on the public” despite the official stance that it was voluntary.

The bench, however, closely questioned the petitioners on the empirical basis of their allegations, asking for the source of their data linking the deaths directly to the vaccination. The court also considered a related plea filed by the Centre challenging a Kerala High Court order that directed the formulation of a compensation policy for AEFI deaths.

The Supreme Court’s reserved order will now decide whether to initiate an independent probe into the AEFI claims, direct the Centre to implement a compensation system, or uphold the government’s position that civil court remedies are available on a case-by-case basis for those seeking damages.