Supreme Court mandates 'no-fault' compensation for Covid vaccine injuries under Article 21

Indian Express - Explained · 16 Mar 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Supreme Court directed the Centre to establish a no-fault compensation policy for Covid vaccine injuries, ruling that constitutional obligations under Article 21 require the State to provide relief without proving negligence, setting a precedent for public health accountability.

Key points

No-fault liability: The Supreme Court invoked this legal principle to mandate compensation for vaccine injuries without requiring proof of negligence, aligning with international practices in countries like the UK and Japan.

Article 21: The judgement expanded the right to life and health under Article 21, stating the State must act as an active welfare guardian during public health interventions like mass vaccination.

Adverse Events Following Immunisation (AEFI): The court acknowledged existing monitoring mechanisms but ruled surveillance alone is insufficient, requiring compensation for rare but grave outcomes.

Constitutional obligation: The Bench held that forcing families into individual civil suits would violate Article 14's equality guarantee due to inconsistent outcomes and unequal access to relief.

Historical context: This follows the court's 2021 directive for Covid death compensation under the Disaster Management Act, establishing continuity in public health jurisprudence.

[GS2-Governance] The judgement critiques India's lack of a vaccine injury compensation framework, contrasting with 25+ countries that have such systems, highlighting governance gaps in health policy.

Informed consent: Petitioners argued the vaccination drive became de facto mandatory through administrative restrictions, raising questions about voluntary participation in public health measures.

Way Forward: The Health Ministry should establish a transparent compensation framework with fixed timelines, create an expert appellate body for disputed claims, and integrate vaccine injury data with the National Health Policy for future pandemic preparedness.

Key terms

No-fault liability

A legal principle where compensation is granted without requiring proof of negligence or wrongdoing. In UPSC context, this is significant for public health governance as it shifts burden from individuals to the State during mass interventions, aligning with constitutional welfare obligations under Articles 14 and 21.

Adverse Events Following Immunisation (AEFI)

A surveillance system monitoring health incidents post-vaccination. For UPSC, this represents India's pharmacovigilance framework under the Universal Immunisation Programme, crucial for vaccine safety but now requiring judicial intervention to address compensation gaps.

Article 21

The fundamental right to life and personal liberty under the Indian Constitution. Its UPSC relevance lies in expansive judicial interpretations that now encompass right to health, dignity, and state accountability during public health emergencies.

Disaster Management Act, 2005

Legislation governing disaster response in India. For UPSC, Section 12's 'minimum standards of relief' became pivotal during Covid-19, establishing that compensation for pandemic deaths is a statutory duty, not discretionary welfare.