Covishield side effects: Does India have a provision for compensation?

After the recent revelation by AstraZeneca that the Covishield vaccine - which was widely administered in India during the pandemic - can cause health issues including blood clotting, many are wondering whether those who suffered any side effects can demand compensation. So far, the centre is tight-lipped about it, other than removing the photo of PM Narendra Modi from the vaccination certificates. The Indian government drafted the vaccination policy sans the compensation clause for COVID-19 vaccines, which were developed hastily by bypassing certain norms. This means there is no provision to compensate the recipients of the vaccine in case of any health issues caused by inoculation. The Health Ministry is of the opinion that the vaccination was not mandatory and people took the shots out of choice.

What makes the vaccine dangerous?
A strong legal battle is fought against the Covishield vaccine, which was administered to the majority of Indians, in the UK. Fifty-one people who developed side effects after they were inoculated with the Covishield vaccine had approached the High Court in the UK seeing more than Rs 1,000 crore each as compensation. A similar case was filed in the Bombay High Court against Serum Institute of India, the manufacturer of the Covishield vaccine in India.

After AstraZeneca's revelation in the documents presented before the High Court in the UK revelation, the distribution of the Covishield vaccine was suspended in the UK. The pharma company made it clear that the vaccine may, in rare instances, lead to Thrombosis with thrombocytopenia syndrome (TTS), which is a serious condition characterized by blood clots and low platelet count. It was Jamie Scott, a UK citizen who suffered a brain injury after receiving the Covishield vaccine, who first approached the court to raise concerns. Many followed suit after Scott made his contention in the court. Meanwhile, the vaccine researcher, Oxford, didn’t react to the developments. Many health organizations, including WHO, had earlier said that it was better to take vaccinations as the vaccine side effects could pale before the bigger danger of the Covid-19 pandemic.

Legal path, the only way out
The only option is to tread the legal path if the government is not willing to pay compensation. The legal experts are of the opinion that a case can be filed against the vaccine manufacturer, state government and authority that gave the nod, though vaccines could be administered in an emergency. As per the Drugs and Cosmetic Act, of 1940, a compensation claim can be made to a recognized authority. In case of permanent disability or death after receiving the vaccine, compensation could be claimed through the provisions of the Fatal Accidents Act too. Moreover, one could file a case under the Indian Penal Code (sections 336, 337 and 338) and under the Consumer Protection Act.