Why Is No-Fault Vaccine Compensation in the News?
In the Rachna Gangu vs. Union of India (2026) case, the Supreme Court directed the Central Government to frame a No-Fault Vaccine Compensation policy for serious Adverse Events Following Immunization (AEFI). The verdict reshapes the “social contract” between the welfare state and its citizens. UPSC 2026 aspirants preparing with Riyasat IAS Mentorship should treat this as a bridge topic between GS-II (governance, rights) and GS-III (public health). Daily updates available in our Current Affairs section.
No-fault compensation means a vaccine-injured citizen need not prove negligence; the state commits to restitution as a matter of constitutional responsibility. Our Foundation Mentorship (English) programme links this to Article 21 (Right to Health) in governance modules.
No-Fault Vaccine Compensation — Key Facts for UPSC Prelims
| Parameter | Details |
| Case Reference | Rachna Gangu vs. Union of India (2026) |
| Directive | Supreme Court order to frame a No-Fault Compensation policy |
| Key Concept | AEFI — Adverse Event Following Immunization |
| Constitutional Basis | Article 21 — Right to Health |
| Existing Legal Route | Tort law (requires proof of negligence) |
| Global Benchmark — USA | National Vaccine Injury Compensation Program |
| Global Benchmark — UK | Vaccine Damage Payment Scheme |
| WHO Guidance | Recommends no-fault schemes for routine immunisation |
5 Critical Reasons a Statutory AEFI Compensation Law Is Urgent
1. Constitutional Obligation Under Article 21
The Right to Life includes the Right to Health. When the state promotes vaccination as a civic duty, it must also shoulder responsibility for rare but serious adverse outcomes. Our UPSC Mentorship Program uses this as a template for answer writing in GS-II.
2. Doctrine of Legitimate Expectation
Citizens comply with state immunisation drives expecting protection, not abandonment. If compliance produces injury, legitimate expectation demands institutional restitution.
3. Limits of Existing Legal Remedies
Tort law requires proof of negligence — extremely hard in medical cases. The Consumer Protection Act does not apply to free vaccination. A daily-wage earner cannot realistically fight a multi-year legal battle. Revise such governance gaps through our Secure Prelims Program 2026.
4. Collective Immunity, Collective Responsibility
Vaccination generates herd immunity that benefits society. If the rare adverse outcome occurs, the cost cannot be externalised onto the individual alone. Collective benefit demands collective insurance.
5. Global Best Practice Already Exists
The USA runs a Vaccine Court and Trust Fund; the UK uses a Vaccine Damage Payment Scheme; Japan, Germany and Taiwan all maintain no-fault frameworks. India lags behind — a gap covered thoroughly in our YATHARTH All India Mock Prelims.
Proposed Framework for India
| Pillar | Description |
| Statutory Basis | Parliamentary Vaccine Injury Compensation Act (not mere executive order) |
| Causation Table | Pre-defined Injury Table linking vaccines to known adverse events |
| Administrative Tribunal | Quasi-judicial body of medical and legal experts |
| Dedicated Fund | Government + manufacturer contributions via levy |
| Transparency Mechanism | Mandatory AEFI reporting and public dashboard |
| Appeal Structure | Judicial review through High Courts |
Global Models — A Comparative Perspective
Understanding how mature democracies structure vaccine-injury compensation clarifies the gaps in India’s current approach and strengthens answer-writing in GS-II and GS-III.
United States — Vaccine Injury Compensation Program
The US runs a dedicated “Vaccine Court” where claims are adjudicated by Special Masters. Compensation is financed by an excise levy on each vaccine dose, routed through a trust fund. The causation table lists injuries presumed vaccine-linked, reversing the usual burden of proof and sparing claimants the need to prove negligence.
United Kingdom — Vaccine Damage Payment Scheme
The UK offers a fixed lump-sum to claimants who can show severe disablement following a listed vaccine, without requiring negligence to be proved. The scheme is administrative rather than litigious, enabling significantly faster disposal.
Lessons for India
India needs a statutory Parliamentary law rather than an executive notification, a pre-defined injury table, a dedicated tribunal and a funded trust — features largely missing in the current patchwork of ex-gratia payments. A no-fault system also improves vaccine confidence by signalling that the state will stand by citizens who comply with public health drives.
UPSC Relevance — No-Fault Vaccine Compensation
For Prelims:
- Definition of AEFI — Adverse Event Following Immunization
- Article 21 — Right to Health as part of Right to Life
- Doctrine of Legitimate Expectation (administrative law)
- Comparative compensation models — USA, UK, Japan, Germany
- WHO global vaccine safety net principles
For Mains (GS Paper II — Governance; GS Paper III — Health):
- Welfare state and the social contract in public health
- Balancing vaccine coverage with individual rights
- Role of judicial activism in pushing legislative action
- Revise governance frameworks through our Prelims English programme and Prelims Hindi programme.
| 📝 Practice Mains Question (GS Paper II, 250 words / 15 marks) “Vaccination is a social contract between the state and the citizen.” In light of this statement, examine the need for a comprehensive compensation law for Adverse Events Following Immunization (AEFI) in India. |
Conclusion
A No-Fault Vaccine Compensation system does not fuel vaccine hesitancy — it generates a trust dividend that strengthens public health programmes. India must honour the collective sacrifice of its citizens through an institutional commitment. For structured GS-II preparation, join Riyasat IAS Mentorship — admissions open.
Also Read
- Best IAS Mentorship Program in India
- Riyasat IAS Mentorship Program 2026
- UPSC Prelims Mock Test Strategy
- Signs You Need a Prelims Mentor
- 60 Days UPSC Preparation Strategy
- Secure Prelims Program 2026
- YATHARTH All India Mock Prelims
- Essay Foundation Resources
- Foundation Mentorship (English)
- Foundation Mentorship (Hindi)
External References
Ministry of Health and Family Welfare — Immunization Programme