India needs a no-fault vaccine injury compensation mechanism for public health
The article argues for India to establish a no-fault vaccine injury compensation mechanism, emphasizing that while vaccination is a civic duty, the state must accept responsibility for rare but real adverse effects. India's current legal remedies, like tort law (requiring proof of fault) and consumer protection law (contested for free services), are inadequate for vaccine injuries, which often stem from individual immune responses rather than negligence. The Supreme Court's directive in Rachana Gangu v. Union of India (2026) to frame such a policy highlights the governance deficit. Drawing from international examples, the author proposes a Vaccine Injury Compensation Act with a presumptive causation table, an independent administrative tribunal, and a dedicated compensation fund shared by the government and manufacturers, stressing transparency and accountability to build public trust.
Key Points
- The state has a responsibility to compensate individuals who suffer rare but serious adverse effects from vaccinations, which are promoted as a civic duty.
- Existing legal frameworks in India, such as tort law and consumer protection law, are insufficient for addressing vaccine injuries.
- A no-fault compensation mechanism is ethically necessary because individuals take a risk for collective immunity.
- The proposed framework includes a Vaccine Injury Compensation Act, a presumptive causation table, an independent tribunal, and a shared compensation fund.
- Transparency in AEFI reporting and accountability are crucial for building public trust in vaccination programs.
Exam Facts
- The Supreme Court directed the Union government to frame a no-fault compensation policy in Rachana Gangu v. Union of India (2026).
- Over 219.86 crore COVID-19 doses were administered by late 2022.
- Government affidavit recorded 92,114 Adverse Events Following Immunisation (AEFI) cases, including 1,171 deaths.
- Article 21 of the Constitution includes the right to health, implying state responsibility for harm from mandatory interventions.
- International examples like the U.S. Vaccine Injury Compensation Programme and the U.K.'s Vaccine Damage Payment Scheme are cited.
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