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

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

Where the State undertakes a large-scale, State-led public health intervention such as the COVID-19 vaccination programme, Article 21 imposes a positive obligation on the State to ensure affected families have an accessible mechanism of redress; in absence of a uniform framework India must have a no-fault compensation policy for serious adverse events following immunisation arising from COVID-19 vaccination, while continuing existing AEFI surveillance and public disclosure, and no court-appointed expert body is necessary given existing committees.

Parties
Petitioner(s): Rachana Gangu & Anr.; Respondent(s): Union of India & Ors.
Jurisdiction
India
Judgment Date
10 March 2026
Procedural Posture
Writ Petition (civil) No. 1220 of 2021 / Disposed by Judgment (10 March 2026)
Outcome
Writ petition and other connected matters disposed of.
Legal Topics
Right to Life, Right to Health, No Fault Compensation, Adverse Events Following Immunization (aefi), Vaccine Injury Compensation
Constitutional Law Public Health Right to Life Right to Health No Fault Compensation Adverse Events Following Immunization (aefi) Vaccine Injury Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rachana Gangu & Anr.

Petitioner(s)

Union of India & Ors.

Respondent(s)

Procedural Posture

Writ Petition (civil) No. 1220 of 2021 / Disposed by Judgment (10 March 2026)

Legal Issues

  1. 1 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 under the Constitution
  2. 2 If yes, whether this Court can direct the respondents to frame a policy in that regard

Ratio Decidendi

Where the State undertakes a large-scale, State-led public health intervention such as the COVID-19 vaccination programme, Article 21 imposes a positive obligation on the State to ensure affected families have an accessible mechanism of redress; in absence of a uniform framework India must have a no-fault compensation policy for serious adverse events following immunisation arising from COVID-19 vaccination, while continuing existing AEFI surveillance and public disclosure, and no court-appointed expert body is necessary given existing committees.

Court Disposition

Writ petition and other connected matters disposed of.

Orders

  • 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.
  • 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.