Central Government suggested citizen to file compensation cases against Serum Institute, responsible guilty officers of the state governments and not to seek from the Central government.
Affidavit says that the Central Government had not brought any mandates for compulsory vaccination therefore they will not pay compensation. The mandates were by the State Governments.
Citizens angry at the affidavit as information regarding death causing and other side effects of vaccines was not given to them before administration of the vaccine.
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:
(i) Government never forced any citizen to get vaccines. There were no compulsion to citizen to get vaccinated. The vaccination program was completely voluntary. [Para 41]
(ii) 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]
(iii) 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]
(iv) 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]
2. 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]