The Supreme Court recently directed Additional Solicitor General Aishwarya Bhati to obtain instructions on whether the Union Government intends to establish a policy for compensating the families of individuals who passed away due to COVID-19 vaccination.

A bench comprising Justices Vikram Nath and Sandeep Mehta was hearing a Special Leave Petition challenging the Kerala High Court's interim order, which addressed multiple issues concerning Adverse Events Following Immunization (AEFI).

In the said matter, Ms. Sayeed filed a writ petition seeking ex-gratia compensation after her husband’s death, allegedly due to Adverse Events Following Immunization (AEFI) from the COVID-19 vaccine. In response, the High Court, through a mandamus, issued an interim order directing the Ministry of Health and Family Welfare and the National Disaster Management Authority to formulate a policy or guidelines for compensating individuals who died due to AEFI within three months.

The Union of India filed a review petition challenging the interim order, asserting that vaccination was a voluntary and free choice. It argued that Adverse Events Following Immunization (AEFI) do not qualify as a ‘disaster’ under Section 12(d) (Guidelines for Minimum Standards of Relief) read with Section 2(d) of the Disaster Management Act, 2005, thereby not entitling the deceased to statutory compensation.

Another argument raised was that the High Court should not have issued an interim order, given that a writ petition on the same issue, Rachana Gangu & Anr v. Union of India, is already pending before the Supreme Court.

During the pendency of the review petition, a contempt petition was filed for non-compliance with the interim order, prompting the High Court to issue a notice. Consequently, the Union filed the present Special Leave Petition (SLP).

Additionally, the Union has submitted a transfer petition requesting that the matter be moved from the High Court to the Supreme Court and tagged with Rachana Gangu & Anr v. Union of India. In that case, the Union had previously filed an affidavit asserting that the government cannot be held liable for deaths resulting from the administration of COVID-19 vaccines.

The matter is scheduled for hearing on March 18.