The Indian government has argued before the Supreme Court of India that it is not liable for any injuries that may occur as a result of the Covid vaccine, according to its affidavit dated November 23.
This affidavit was submitted in response to a petition filed by the parents of two young women in India who tragically lost their lives after receiving the experimental Covid vaccine last year, according to Hindustan Times.
“The petition demanded an independent investigation into the deaths and an expert medical board to prepare a protocol for early detection and timely treatment of adverse effects following immunization (AEFI),” the outlet reported.
The petitioners were Rachana Gangu, mother of Rithaika Omtri, 18, and Venugopalan Govindan, father of Karunya Venugopalan, 20, who both died within 3 weeks of receiving the Covid vaccine.
Both girls had no pre-existing health conditions and were completely healthy prior to taking the Covid vaccine.
“When the vaccines were first rolled out for their age group, there was no advisory issued by (Union of India) UoI on the potential adverse events of the Covid vaccine and there was no Informed Consent taken prior to administering the vaccines,” Awaken India Movement reported.
According to a recent affidavit, if death was indeed caused by the Covid vaccine, the only way to seek compensation is to file a civil lawsuit.
“The Union of India along with the various State / UT Governments have only administered the National COVID-19 Vaccination Program. The vaccines in use under the vaccination program are manufactured by third parties and have successfully undergone thorough regulatory review in India as well as other nations, being recognized globally as safe and effective. In these facts, it is most humbly submitted that holding the State directly liable to provide compensation under the narrow scope of strict liability for extremely rare deaths occurring due to AEFis from the use of vaccines may not be legally sustainable,” the government wrote in the affidavit.
More from Rashid Khan Pathan:
The Union of India in its reply affidavit dated 23.11.2022 filed before the Supreme Court in the case of Rachna Gangu Vs. Union of India Writ Petition (C) No. 1220 of 2021, had made following submissions:
- Government never forced any citizen to get vaccines. There were no compulsion to citizen to get vaccinated. The vaccination program was completely voluntary. [Paragraph 41]
- The Government on its website, Circular and also the PTI in its, press release had time to time informed the citizen about death causing and other side effects of Covishield vaccines. Therefore, any person taking vaccine has to verify said information and then to decide whether to get vaccines or not. Since vaccination was voluntary. [Para 43]
- During vaccines development stage if any person suffers from any injury then the vaccine manufacturing company is bound to compensate the participant under Chapter VI of the NDCT Rules [Para 46]
- At the vaccine administration stage, after marketing authorization has been obtained from the Government of India and the vaccine is available to the public, if a person suffers physical injury or death from an AEFI, appropriate remedies in law are open to the vaccine beneficiary or their family including approaching civil courts for a claim of damages/ compensation for negligence, malfeasance or misfeasance. Such claims may be determined on a case-to-case basis in an appropriate forum. [Para 47]
The law of informed consent and the operational guidelines for Covid-19 vaccination as has been issued by the Central Government, itself says that before vaccinating any citizen he must be given information of all side effects of vaccines and then their written consent must be taken.
In all the Government ads and in all appeals it was falsely informed to the public that the vaccines are completely safe.[Para 40 -43]
You can read the full affidavit below via Rashid Khan Pathan: