Author: HARSHIT MISHRA

Introduction:- As we are witnesses of a worldwide COVID-19 pandemic, which is a viral infectious disease. The pandemic originated in Dec. 2019 in Wuhan city in China and spread throughout the whole world via contagion. This pandemic creates a huge-level world crisis that adversely affected human life and civilization. India had also been gripped by this disease. This disease had created new tensions in the medical field. All scientists, medical experts & practitioners, and scientific researchers of the world have given their effort to overcome challenges created through the COVID-19 disease and to take control over the continuously increasing rate of COVID-19 cases. Terrifying death numbers in the world had increased trouble for all nations of the world; everyone was running a race for inventing an effective alternative against the COVID-19 pandemic. This pandemic had initiated a unique and revolutionary period of innovation of vaccines at a world level. This is not only revealed transportation of vaccines at a global stage but also revealed structural challenges in indemnification, compensation & liability, which can create barriers in the reach of vaccines and influence impartial results for a little number of people, who have suffered serious side effects as a result of vaccination. 

What is COVID-19, and how does it spread?

COVID-19 is a viral infectious disease that spreads from person to person through a contagion process. This disease is a viral disease. So, it is very dangerous and rapidly spread. Which is notorious as the name of the ‘corona virus.’ The original virus name of this disease is ‘SARS-CoV-2 Virus.’ Covid-19 most identically causes respiratory symptoms like a cold, flu, and pneumonia. This disease generally attacks your lungs and respiratory system. Covid-19 has many variants.

Impact of COVID-19 disease:- 

The Covid-19 disease created critical challenges in the world. This disease adversely disrupted the supply chain of goods and services all over the world. Which have been arisen to a lot of challenges by creating obstructions in the supply chain and transportation processes. Public nuisance erupted at a global level through COVID-19. According to World Health Organization Report 7,113,407 deaths occurred till March 2026. This disease has given a significant mold to online platforms & e-commerce marketplaces. This disease has drastically revolutionized cyberspace and shown the relevancy of digital markets and platforms in the crisis time. 

A step towards taking control of the COVID-19 disease:- 

To resolve and overcome problems that arose through COVID-19, the Indian government has taken various measures, like issuing time-to-time guidelines & advisories. The govt. announced a national-level lockdown for breaking off the infection chain from unaffected people and preventing them from any kind of infection. The government established quarantine centers for those people who came to their hometowns from other cities. The govt. promoted home quarantines for migrant laborers at their homes. The government makes it mandatory to face covered through a mask & appropriate distance between two people in public places by issuing guidelines. After the invention of the vaccine, the Indian government conducted a large-scale vaccination program to ensure the vaccination of every Indian national. The government imposed an obligation upon every citizen to get vaccinated. After the passing of time, we have come out of the trap of Covid-19.

Incarnation of Vaccine and Emergence of Legal Consequences: “On January 30, 2020, the World Health Organization (“WHO”) officially declared COVID-19 a Public Health Emergency of International Concern (“PHEIC”) under the International Health Regulations (2005), marking the beginning of an urgent and accelerated global response.” Many unprecedented challenges have been faced during the development and distribution of vaccines; in consequence of that, global scientific institutions & pharmaceutical companies are prompted to rapidly develop, test & deploy innovative vaccines, therefore achieving significant success in vaccine technology in record time. Uniform distribution of the COVID-19 vaccine at a global level is not only a public health emergency but also has become a complex political and governance issue. “Vaccine access is historically and inextricably intertwined with international relations, human rights, and global health equity. 6 Vaccination is essential not only for curbing virus transmission but also for reducing mortality and morbidity. Access to vaccines dictates outcomes both for human health and well-being and economic recovery in a state of public health emergency.”

Issue with Vaccination:-Vaccination played a crucial role in reducing mortality and morbidity rates along with the prevention of virus transmission. In this context some critical legal challenges evolve as an issue of liability for severe side effects, as vaccine manufacturers—still by volume rich companies, which are located in rich countries—seek protection against potential claims in lieu of adverse events arising from following vaccination/immunization (AEFI). Because technologies used for COVID-19 were not tested at a large scale before that, there were many possibilities that unanticipated side effects could be raised at high rates, which were not detected in gold standard phase III trials. How would vaccine developers deal with those risks, and how would a small number of aggrieved people be compensated for that? Indeed, these concerns have turned into reality. “The MRNA vaccines increased risks for heart inflammation, disproportionately in younger men. Adenoviral vector vaccines raised the risks of stroke, especially for women. ”.

Development of a no-fault compensation scheme: No-fault compensation schemes have been adopted by rich countries for a long time to address the risk caused by vaccination. This scheme comes into existence after the judgment of a German court in which the court mandates compensation to an individual injured by a compulsory smallpox vaccination. Due to concerns regarding sovereignty as well as diversities in social and legal structures between different countries, it creates complexities at the international level in the formation of a uniform legal framework.

Status of COVAX: The international nature of the COVID-19 pandemic highlighted the need for international collaboration on vaccine distribution and liability protection. “Initiatives such as the CEPI-GAVI-WHO Vaccine Pillar ‘COVAX’—which created a centralized financing and distribution pool for the benefit of LICs—were implemented to ensure equitable vaccine access, but their deployment also brought to light significant legal and financial challenges.” The international-level compensation mechanism initiated by the World Health Organization through the WHO pandemic agreement involves facing sovereignty issues, as well as diversity issues in national legal systems, health policies, and financial capabilities. 

No compensation policy in respect of COVID-19 vaccination in India: – Article 21 of the Indian constitution clearly grants the right to life & personal liberty as a fundamental right. A bunch of petitions are filed before the court with the highlighting concerns & serious results caused by covid-19 vaccination.

The Supreme Court has been providing a big relief to the persons who are facing severe side effects or lost their lives after COVID-19 vaccination in the case of ‘Rachana Gangu v. Union of India,’ 2026 INSC 218 | 2026 SCO.LR 3(3)[13]. ’.

Case Summary:- The Supreme Court has ruled that under Article 21 of the Constitution, the State must provide a mechanism for redressal to families affected by serious harm allegedly caused during State-led public health interventions, such as vaccination programs. The Court emphasized that the absence of a structured framework to address adverse events following immunization (AEFI) raises constitutional issues.

This ruling came in response to a writ petition filed by parents of young individuals who died after receiving the COVID-19 vaccine. The petition requested the establishment of an independent expert medical board to investigate such deaths, the creation of protocols for early detection and treatment of AEFI, and compensation for affected families. The Supreme Court took this petition as the lead case along with appeals related to interim directions from the Kerala High Court concerning AEFI policy formulation by the Ministry of Health and Family Welfare and the National Disaster Management Authority.

The Court highlighted that Article 21 protects not only against unlawful deprivation of life but also encompasses the rights to health and bodily integrity. It acknowledged the state’s positive duty to protect public health. However, it noted that determining causality between vaccination and death requires complex scientific evaluation best handled by experts.

Consequently, the Court directed the Union of India, through the Ministry of Health and Family Welfare, to promptly create and publicly disclose a no-fault compensation framework for serious adverse events following COVID-19 vaccination.

“The Division Bench of Vikram Nath and Sandeep Mehta, JJ., noted that there is no uniform policy mechanism for redressal of grievances of individuals who suffered adverse effects following vaccination. “This gap cannot be lightly overlooked, particularly when vaccination programs are undertaken as public health measures under the aegis and authority of the state itself.” Hence, the Court directed the Union of India to frame a no-fault compensation policy for serious adverse events following COVID-19 vaccination through the Ministry of Health and Family Welfare (MoHFW). ”.

Conclusion:-Our constitution provides the right to life & personal liberty to everyone in the form of a fundamental right; this article plays a key role in ensuring impartial results for a small number of people, who have suffered serious side effects as a result of vaccination, by including the right to good health in its ambit. India has no fault compensation policy as a result of severe adverse effects caused by Covid-19 vaccination. After raising concern regarding severe side effects of COVID-19 vaccination, our Supreme Court delivered a judgment and resolved that concern by directing the center to the formation of a ‘no-fault compensation policy’ for serious adverse effects following COVID-19 vaccination.