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"No laughing matter:" Kerala High Court calls for urgent action on compensation for persons who died due to reactions to Covid-19 vaccine

Giti Pratap

The Kerala High Court on Wednesday called for urgent action from the Central Government and the National Disaster Management Authority to formulate guidelines for disbursing compensation to the families of persons who died due to reactions to the Covid-19 vaccine. [Sayeeda KA v Union of India]

Justice VG Arun opined that the issue was a grave one requiring urgent consideration by the authorities concerned.

"This is a national calamity which we faced. Of course, I do understand the case is very genuine and it has to be dealt with. As far as the Central government is concerned, similar issues are cropping up in other states also. There has to be an effort to formulate a proper guideline, a proper scheme for compensating these persons and that is being done. Let them bring on record what steps have been taken so that I can pass a reasoned and considered order, rather than an order in vacuum. It is not a laughing matter, I consider it to be very serious", he orally observed.

The Court acknowledged the seriousness of the petitioners' submission that the process has to be hastened since the family members of the victims are facing extreme difficulties consequent to the death of the earning member of the family.

"I find the apprehension expressed by the learned counsel to be well founded. The situation requires urgent action on the part of the National Disaster Management Authority", the Court said in its order.

The Court was considering the petition moved by a woman who lost her husband following administering of the Covid vaccine in August, 2021.

The limited prayer in the petition was only to issue directions to the National Disaster Management Authority to issue guidelines within a timeframe as there are many other persons, apart from the petitioner who now face similar circumstances

The Central Government Counsel informed the Court that identical issues pertaining to adverse effects following covid vaccination have cropped up in other states and that the Ministry of Health and Family Welfare is in the process of formulating comprehensive guidelines for granting compensation to such persons.

The Court recorded the submission that a statement on the steps taken to formulate the guidelines will be placed before the court within a period of two weeks.

The petitioner is represented by advocates Prabhu KN and Manumon A.

The matter will be taken up next on August 30.

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