Covid vaccines voluntary, govt cannot be held liable to compensate for vaccine-related deaths

The ministry stated that if a person suffered from physical injury or death from an AEFI, the family could approach 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,” said the government.

However, in April 2021 the union government had directed all its employees who are 45 or above to get a shot of Covid-19 to ensure that the spread of the infection was contained. The government memorandum, sent to all the ministries, said that the decision has been taken after monitoring the current Covid-19 situation in the country.

Guidelines released by several state governments had mandated that those travelling by air had to be fully vaccinated, or COVID recovered, or with a negative RTPCR report of the last 72 hours.

MOHFW guidelines state that though the vaccination is voluntary, it is advisable to receive the complete schedule of COVID-19 vaccine to protect oneself against this disease and also to limit the spread of this disease to close contacts including family members, friends, relatives
and co-workers.

Early this year in May, the Supreme Court had made it clear that no individual could be forced to take any vaccination but stated that the government could impose some restrictions in the interest of the community.