New Delhi (The Hawk): The Covid immunisation programme uses vaccinations that are made by outside companies, which are acknowledged to be safe and effective. According to the Center, there is no evidence that would allow the state to be held strictly liable for the terrible deaths of the petitioners' respective children.
The Center further emphasised that receiving the Covid-19 vaccination is not legally required.
The Center's response was given in response to a petition submitted by the parents of two girls who had died as a result of adverse reactions to the Covid vaccine.
"There is no material to suggest how the state can be fastened with strict liability for the tragic death of the respective children of the petitioners," the Ministry of Health and Family Welfare stated in an affidavit. "This is the requirement in law to sustain a claim for compensation against the state under Article 32 of the Constitution."
The vaccines used in the vaccination campaign, according to the ministry, are produced by third parties, have successfully passed regulatory assessment in India and other countries, and are acknowledged as safe and effective across the globe.
"Given these facts, it is most humbly submitted that holding the state directly liable to pay damages under the narrow scope of strict liability for extremely rare deaths occurring as a result of AEFI (Adverse Events Following Immunization) from the use of vaccines may not be legally sustainable," it said.
According to the Health Ministry, in the event that an AEFI results in physical harm or death, vaccine recipients or their families are entitled to legal recourse, including the right to file a lawsuit in civil court seeking damages or compensation for carelessness, malfeasance, or misfeasance.
It said that although the deaths were terrible, the government could not be held accountable and that such claims may be decided on an individual basis in an appropriate court.
Although the government highly advises all eligible individuals to take the vaccine in the benefit of the public, the Health Ministry stated in the affidavit submitted on November 23 that there is no legal requirement for the same.
The government's statement was in response to a petition brought by the parents of two girls who had died as a result of side effects from the Covid vaccine and who were being represented by attorney Satya Mitra.
The parents' request for an impartial committee to investigate the deaths and for the timely release of the autopsy and investigation findings resulted in the apex court serving notice to the Centre in August. The petitioners also requested financial compensation and recommendations for the prompt identification and care of anyone experiencing negative side effects from Covid vaccinations.
The petitioners' legal representative claimed that the first petitioner's 18-year-old daughter died in June 2021 after taking the first dose of Covishield in May 2021. The second petitioner's 20-year-old daughter died in July 2021 after receiving the first dose of Covishield in June 2021.
(Inputs from Agencies)