The Indian government has argued before the Supreme Court of India that it is not liable for any injuries that may occur as a result of the Covid vaccine, according to its affidavit dated November 23. This affidavit was submitted in response to a petition filed by the parents of two young women in India who tragically lost their lives after receiving the experimental Covid vaccine last year.

Denying the petition’s prayer for compensation, the ministry said, “If a person suffers physical injury or death from AEFI, appropriate remedies in law are open to vaccine beneficiaries per their families including approaching the civil courts for a claim of damages/compensation.” Such claim for negligence is to be decided on a case-to-case basis. The petition argued by senior advocate Colin Gonsalves had pointed out that these deaths would not have resulted had there been informed consent of its after-effects. The Centre told the Court, “The concept of informed consent is inapplicable to the voluntary use of drug such as vaccine.”

The Union of India in its reply affidavit dated 23.11.2022 filed before the Supreme Court in the case of Rachna Gangu Vs. Union of India Writ Petition (C) No. 1220 of 2021, had made following submissions:

1. Government never forced any citizen to get vaccines. There were no compulsion to citizen to get vaccinated. The vaccination program was completely voluntary. [Paragraph 41]
   
2. The Government on its website, Circular and also the PTI in its, press release had time to time informed the citizen about death causing and other side effects of Covishield vaccines. Therefore, any person taking vaccine has to verify said information and then to decide whether to get vaccines or not. Since vaccination was voluntary.
   
3. During vaccines development stage if any person suffers from any injury then the vaccine manufacturing company is bound to compensate the participant under Chapter VI of the NDCT Rules.
   
4. At the vaccine administration stage, after marketing authorization has been obtained from the Government of India and the vaccine is available to the public, if a person suffers physical injury or death from an AEFI, appropriate remedies in law are open to the vaccine beneficiary or their family including approaching civil courts for a claim of damages/ compensation for negligence, malfeasance or misfeasance. Such claims may be determined on a case-to-case basis in an appropriate forum.

Sources:
https://www.hindustantimes.com/india-news/govt-not-liable-for-deaths-related-to-covid-vaccine-centre-tells-sc-101669693821128.html
https://www.thegatewaypundit.com/2022/11/indian-government-blames-public-getting-vaccines-despite-aware-side-effects-claims-cannot-held-liable-complications/