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If someone dies due to Covid vaccine, will the government have to pay compensation? Center told the Supreme Court – no

New Delhi: If someone dies due to Covid vaccine, is the government bound to give compensation? The Central Government said- No, it has no compulsion that it will give compensation in case of death due to Covid vaccine. The Center has put forth its point in the Supreme Court. In the country’s top court, the Center clearly said that in this case the responsibility of giving compensation cannot be imposed on the government. The Supreme Court is hearing a petition demanding compensation from the government claiming the death of two girls due to the Covid vaccine. The Center has replied to the notice to the Supreme Court on this petition.

During the hearing on the petition, the central government said that the vaccine was not made by the government, but by a third party. A regulatory review of the vaccine was done, in which the vaccine dose was administered to people only after success. The government said that the vaccine was reviewed not only in India but also abroad and it was found correct everywhere. In such a situation, if any incident happens due to such vaccine and in very rare case someone dies, then it is not legally correct to hold the state responsible for that.

How is the government responsible for death due to vaccine?

The Supreme Court said there was no evidence to establish that the state was directly responsible for the deaths. The state cannot be linked to the two girls who died. The affidavit presented by the Ministry of Health states that taking the vaccine was voluntary, it was not made mandatory. It was also clarified by the Central Government that taking the vaccine is not legally binding. Although the central government had loudly encouraged the people to take the vaccine, it is all in the public interest. However, this is not a legal obligation.

The government gave arguments in the Supreme Court
The Center said that all the necessary information about the vaccine was put in the public domain. The information was shared by the vaccine manufacturer and the Ministry of Health. All the beneficiaries who took the vaccine had the option of getting information about the vaccine and any possible side effects from the worker at the vaccination site. Along with this, doctors were also giving information about vaccination. The center has also said that if the vaccine takers go to the vaccine center once and all the information is being provided to them. If they take information then it cannot be said that there was lack of information.

Information was always being provided to the vaccine takers. The doctors were also telling that it is your wish to take the vaccine. The Center also said that it expresses deep condolences over the death of the 18-year-old and 19-year-old girl. It said that legal remedies are always available to the aggrieved family and such claims depend on case to case. A claim for this can be made in a civil court.

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