Deaths due to COVID vaccine: Kerala High Court directs NDMA to frame guidelines for compensation

The Kerala High Court has directed the National Disaster Management Authority (NDMA) to formulate guidelines for identifying cases of deaths due to the after-effects of Covid-19 vaccination and for compensating the dependants of such victims [Sayeeda KA v Union of India]..Justice VG Arun remarked that since June this year, he has already come across at least three cases of persons dying possibly due to some adverse reaction to the vaccine and that even if the numbers of such persons are low, the matter must be addressed."Sitting in this jurisdiction, I have come across at least three cases where pleadings are to the effect that the person who had undergone Covid-19 immunization vaccination had succumbed to the after effects of vaccination. Therefore, even if the numbers are very few, there are instances where persons are suspected to have succumbed to the after effects of immunization. In such circumstances, respondents 2 and 8 are bound to formulate a policy for identifying such cases and compensating the dependants of the victim," the Court said in its order..The Court was considering a petition moved by a woman who lost her husband following the administration of Covid vaccine in August, 2021.The prayer in the petition was to issue directions to the NDMA to issue guidelines to deal with aspects relating to compensation in case of such deaths as there are many other persons, apart from the petitioner facing similar circumstances.In an earlier order, the Court had taken a serious view of the matter and had directed the Additional Solicitor General (ASG) to get instructions as to whether the Government of India has any policy in place for compensating the victims of adverse events, following the Covid19 vaccination.When the matter was taken up on September 1, the ASG submitted that no such policy has been framed so far.Hence, the Court directed the concerned authorities to take speedy measures to formulate policies/guidelines to address the issue.“The second respondent is hence directed to formulate policy/ guidelines for identifying cases of death due to the after effects of Covid-19 vaccination and for compensating the dependants of the victim. The needful in this regard shall be done as expeditiously as possible and at any rate, within three months,” the order stated.The matter will be taken up again after 3 months. .[Read Order]