VidhiSangh

Supreme Court of India · 10/03/2026

RACHANA GANGU & ANR. versus UNION OF INDIA & ORS.

[2026] 3 S.C.R. 393 · 2026 INSC 218

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Summary

Families of persons who died or were injured after COVID-19 vaccination sought an inquiry, AEFI protocols and compensation. Without deciding causation or questioning vaccine approval, the Court held that Article 21 places a positive duty on the State: those suffering serious adverse events in a State-led mass immunisation programme should not be left only to fault-based remedies. It directed the Union to frame a no-fault compensation policy and declined to constitute an independent expert body.

Issues

  1. Whether the absence of a uniform policy for compensation in cases of death or injury following COVID-19 vaccination violates the right to life under Article 21.
  2. If so, whether the Court can direct the Union to frame such a policy.
  3. Whether an independent expert medical board should be constituted to examine the deaths.

Provisions considered

Held

Result

Writ petition and connected matters disposed of with directions. The Union, through the Ministry of Health and Family Welfare, is to frame and publish a no-fault compensation policy for serious adverse events following COVID-19 vaccination. AEFI monitoring is to continue, with data periodically placed in the public domain. No court-appointed expert body is needed. Other legal remedies remain open, and framing the policy is not an admission of liability by the Union.

Judgment PDF: Supreme Court of India, [2026] 3 S.C.R. 393.