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The next hearing in this case will be held on 18 March.
The Supreme Court on Tuesday heard a petition related to compensation in the case of death from Kovid-19. The Central Government’s side was additional Solicitor General (ASG) Aishwarya Bhati.
The court asked- Can the central government make a policy to compensate the families of people who died from the side effects of the Covid-19 vaccine?
On this question, ASG said, ‘Only the Kovid-19 disease has been declared a disaster, not the deaths related to vaccines for Kovid. Therefore, there is no such policy under the Disaster Management Act that gives compensation for the deaths related to Covid-19 vaccines.
The court said, ‘Deaths from Kovid-19 should not be considered separate from deaths due to Kovid vaccine. The bench said verbally- after all, the Sampoorna (Kovid) vaccination campaign was also out of epidemic. You cannot say that they are not interconnected. ‘
The court directed the central government to file replies in 3 weeks. The next hearing in the case will be held on 18 March. In fact, the bench of Justices Vikram Nath and Sandeep Mehta has heard the petition of the woman of Kerala.
The woman’s husband died of the side effect of the Kovid vaccine. The woman then filed a petition in September 2022 by the Kerala High Court seeking compensation on her husband’s death.
The woman said in the High Court …
There is no specific policy on compensation in case of death from side effects of vaccine. The High Court found that even though the number of deaths is very low, there are many examples in which many people were suspected of death due to the impact after installing the covid vaccine.
Court Room Live …
ASG: The Kovid-19 vaccination is managed through medical protocols prepared like Best Global Practice. Which determines any detection and treatment of any distributional effect (AEFI) after vaccination during the administration of vaccination.
Kovid was a disaster. But the covid vaccination is according to the medical protocol, which is according to the best practice in the world. Any Kovid death would be covered in policy. But the covid vaccination is a protocol, which includes AEFI (monitoring) mechanism that investigates what is the cause of death, whether it is directly connected to Kovid or not.
bench- The Center should investigate whether any policy can be made to increase compensation for the deaths related to the covid vaccine. Make your answer in court in 3 weeks. The next hearing of the case will be held on 18 March.
ASG: When the policy has already been made and they have not been included in it. So it cannot be mandatory for us to make a policy in a particular way. The court may associate the case with other pending issues before the Supreme Court in the case of Rachna Gangu vs. Union of India.
ASG: Said that these matters can be sent to the High Court. The Serum Institute of India, which makes the covishield vaccine, has also filed a transfer petition in the case. The Supreme Court may decide on the big issues raised in this case, but the petitioner cannot raise questions of medical negligence in the Supreme Court.
ASG: The government has set up a strong mechanism to monitor the administration of the covid vaccine, but the disaster management officials cannot pay any compensation to those who can die in rare cases due to its side effects.
Petitioner: Why no compensation is being given for relatively small number of deaths related to Kovid-19 vaccines, while millions of people have been compensated due to illness.
Petitioner: More than 1.4 million people were compensated in the case of death from Kovid. Of course 200 people died due to side effects of Covid vaccine. Why can’t they compensate for this too? Vaccination occurred due to Kovid. The order passed by the Kerala High Court cannot be interrupted.
bench: Take a decision on this issue from the Center and file your reply. The Kerala can accept the High Court order, formulate a policy, decide whether they are entitled to it and to what extent they are entitled.
ASG: The government will return with a reply and asked for 3 weeks. We have not yet decided whether they come under its purview or not. We will decide in one or the other way.
Kerala High Court had given orders to prepare a policy
After the woman’s petition, the Kerala High Court heard the matter. Found that even though the death toll from the sign effects of the Covid vaccine is very low, there are many examples where people are suspected to have died due to subsequent effects of Covid vaccine.
The High Court ordered the National Disaster Management Authority (NDMA). It was said that people who died from the side effects of Kovid vaccine should be identified. Information of dependent people should be extracted on them. After this, prepare a policy or guideline to identify the cases of the Kovid-19 vaccination to give them compensation.
This order of the High Court was challenged by the Central Government in the Supreme Court. In the year 2023, the Supreme Court stayed the High Court’s directive.
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