The Central Government told the Supreme Court that although the COVID -19 vaccination was encouraged by the Government in public interest, there is no legal compulsion to get vaccinated.
The Union Health Ministry told this while responding to a plea filed by parents of two girls who died due to side-effects of the COVID vaccine.
The Union Health Ministry said that this was a very tragic news and they sympathise, however the government cannot be held liable.
In an affidavit filed in the court on November 23,the government said that the concept of informed consent is inapplicable to the voluntary use of a drug such as a vaccine.
The affidavit further said that the Government has encouraged the eligible people to take vaccines but there is no legal compulsion to it.
The Supreme Court had on August 29 issued notice to the Central government on the plea.
A plea has been filed in court to probe death by an independent committee , along with the release of the autopsy and probe reports in a time-bound manner.
The plea has also requested that the parents be monetarily compensated, and has sought directions to the government to come up with guidelines for early detection and treatment of persons suffering from adverse side effects of vaccines.
The counsel for the Union government said that Adverse Events Following Immunization (AEFIs) are reported for every vaccine. The Government also orders that a strict liability on Union or State governments for administering the vaccine is not legally tenable, since the vaccines are manufactured by third-parties.
The affidavit by the Government said that the information about Covid vaccination was freely available in public domain by the vaccine manufacturer and Ministry of Health and Family Welfare…
The affidavit mentions that once a vaccine beneficiary, who has access to all relevant information, chooses to voluntarily enter a vaccination center and receive vaccination, the question of lack of informed consent does not arise.