From Our Bureau
NEW DELHI: The Centre has clarified to the Supreme Court that there is no legal binding to get the vaccination for Covid-19.
In an affidavit, it said the concept of informed consent is inapplicable to the voluntary use of a drug such as a vaccine. “While the government of India strongly encouarages all eligible persons to undertake vaccination in public interest, there is no legal compulsion for the same,” the affidavit clarified.
The Centre’s response came to a petition filed by two parents whose daughters allegedly passed away due to the side effects of the Covid vaccine.
“If a person suffers physical injury or death from adverse events following immunization, appropriate remedies in law are open to the vaccine beneficiary or their family, including approaching civil court for a claim of damages/compensation for negligence, malfeasance or misfeasance,” affidavit said.
Such claims may be decided on a case-by-case basis in an appropriae forum,” said he Cenre, submitting taht “there is no material evidence to suggest how the State can be fastened with strict liability for the tragic death of the respective children of the petitioners which is the requirement in law to sustain a claim for compensation against the State under Article 32 of the Constituion.”
The Centre has opposed the petition seeking compensation from the respondents on the death of their respective children. It said the causation analysis revealed that the death of the daughter of the first petitioner was from a vaccine product-related reaction while in the second dase, there is insufficient evidence to arrive at a definitive conclusion.
The affidavit also rejected the prayers for an independent reveiw of the AEFI cases since it would plant a seed of doubt in the existing regulatory and AEFI monitoring mechanism and harm the public interest, urging the court to dismiss the plea.
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