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

Citation: [2026] 3 S.C.R. 393 · Decided: 10-03-2026 · Supreme Court of India · Bench: VIKRAM NATH · Disposal: Disposed off

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Judgment (excerpt)

[2026] 3 S.C.R. 393 : 2026 INSC 218
Rachana Gangu & Anr. 
v. 
Union of India & Ors.
(Writ Petition (Civil) No. 1220 of 2021)
10 March 2026
[Vikram Nath* and Sandeep Mehta, JJ.]
Issue for Consideration
Whether the absence of a uniform policy governing compensation 
in cases of death or injury following administration of COVID-19 
vaccination results in violation of right to life protected under the 
Constitution; if yes, can this Court direct the respondents to frame 
a policy in that regard.
Headnotes†
Constitution of India – Art.21 – Right to Life – Directions by 
Supreme Court – For formulation of no-fault compensation 
framework to address serious adverse events following 
immunisation arising in the context of COVID-19 vaccination:
Held: Constitution does not view the right to life solely through the 
lens of fault – Art.21 embodies a positive obligation of the State to 
ensure that where grave harm is alleged to have occurred in the 
course of a State led public health intervention, affected families are 
not left without any accessible mechanism of redress – The Union 
of India shall, through the Ministry of Health and Family Welfare, 
frame a no-fault compensation policy for serious adverse events 
following COVID-19 vaccination – The existing mechanisms for 
monitoring adverse events following immunisation shall continue, 
and relevant data shall be periodically placed in the public domain 
in accordance with the observations in Jacob Puliyel – No separate 
court-appointed expert body is necessary in view of the existing 
mechanisms for scientific assessment of adverse events following 
immunisation – Clarified, this judgment shall not preclude any 
person from pursuing such other remedies as may be available 
in law – Equally, the formulation of the no-fault framework is not 
to be construed as an admission of liability or fault on the part of 
the Union of India or any authority. [Paras 20, 38]
* Author
394
[2026] 3 S.C.R.
Supreme Court Reports
Constitution of India – Art.21 – Right to Life – Deaths allegedly 
after administration of COVID-19 vaccination – Writ petitions 
filed seeking inter alia, the constitution of an independent 
expert medical board to inquire into such deaths, the 
formulation of protocols for early detection and treatment of 
adverse events following immunization (AEFI), and the grant of 
compensation – In one of the writ petitions filed before the High 
Court of Kerala raising similar grievances, High Court passed 
interim directions to the Ministry of Health and Family Welfare 
and the National Disaster Management Authority to formulate 
a policy for identification of AEFI cases and for compensating 
the families of such deceased persons – Challenge to:
Held: Present petitions raise serious questions of violation of 
fundamental rights, more particularly that of right to life – Constitution 
does not view the right to life solely through the lens of fault – 
Art.21 embodies a positive obligation of the State to ensure that 
where grave harm is alleged to have occurred in the course of a 
State led public health intervention, affected families are not left 
without any accessible mechanism of redress – The absence of 
such an institutional framework raises constitutional concerns which 
warrant a calibrated response – Government data itself suggests 
that the vaccines also led to loss of life – Thus, State cannot shrug 
its responsibility in coming to aid to those affected families who 
have lost their near and dear ones – In Jacob Puliyel, this Court 
underscored the responsibility of the State in monitoring adverse 
events following immunisation – That responsibility cannot end at 
surveillance alone, but must extend to providing fair compensation 
to those who suffered vaccine-related injury – Union of India shall 
continue to ensure that surveillance of adverse events following 
immunisation (AEFI) is carried out through efficient monitoring 
mechanisms, and that relevant data is placed in the public domain in 
a transparent and timely manner – Directions issued for formulation 
of no-fault compensation framework to address serious adverse 
events following immunisation arising in the context of COVID-19 
vaccination – Public Health. [Paras 12, 20, 25, 34, 35, 38]
Public Health – Constitution of India – Arts.21, 14 – Right to 
health u/Art.21 – Obligation of State – Vaccine injury claims – 
Plea of the Union that individuals aggrieved by adverse 
outcomes may seek remedies befor

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