Key information
Summary
“Welfare Beyond Immunization”: Supreme Court Mandates No-Fault Compensation Policy for Vaccine Injuries Under Article 21
Case Name: Rachana Gangu & Anr. V. Union of India & Ors. (2026) |
Source: 2026 INSC 218
In a landmark judgment expanding state accountability, the Supreme Court held that the guarantee of Right to Life and Health under Article 21 imposes an affirmative duty on the State to provide a structured compensation mechanism for individuals suffering severe Adverse Events Following Immunization (AEFI).
A Division Bench of Justice Vikram Nath and Justice Sandeep Mehta ruled that while scientific safety approvals remain under expert purview, a welfare State cannot abandon citizens who suffer rare but catastrophic injuries during state-led public health drives.
Grounding its rationale in Article 21 read with Directive Principles under Articles 41 and 47, the Bench observed that forcing victims to pursue complex, fault-based litigation in civil courts renders the Right to Health illusory. Consequently, the Apex Court directed the Union Government to expeditiously formulate a nationwide “no-fault compensation” policy specifically for serious AEFI cases arising from COVID-19 vaccination, reinforcing that mass medical interventions for the greater public good must assume a strict liability framework to mitigate disproportionate individual harm.
The Bench clarified that establishing a no-fault framework does not constitute an admission of liability by the Government. By separating public health policy from rigid fault-based liability, the decision ensures that state mandates are accompanied by institutional compassion that safeguards human dignity during health emergencies.
