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Editorial · 2 min read · THE HINDU PAPER EDITORIAL

SC's Landmark Ruling on Vaccine Compensation

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The Indian Supreme Court has recently issued a significant call upon the Ministry of Health and Family Welfare, directing it to formulate a no-fault compensation mechanism for severe adverse events following immunisation (AEFI) related to the nation’s extensive COVID-19 vaccination drive. This landmark judgment represents a pivotal departure from a conventional fault-based liability framework, instituting a more progressive approach for state-administered public health initiatives. The ruling emanates from various legal challenges brought forth by aggrieved families, alleging serious injury or fatalities subsequent to receiving COVID-19 vaccines. Specifically, the Rachana Gangu case centred on the tragic deaths of two young women in 2021, purportedly due to Vaccine-induced immune thrombotic thrombocytopenia (VITT), a rare yet acknowledged complication associated with the Covishield vaccine. For a considerable period, the government had evinced resistance towards establishing such a policy, asserting that vaccination was voluntary, the incidence of severe AEFI was exceedingly low, and affected citizens could pursue legal recourse against manufacturers in civil courts. The Supreme Court has since debunked this stance, deeming it impractical for ordinary individuals seeking redress . Furthermore, AstraZeneca’s recent acknowledgment in a U.K. court of Covishield’s potential to cause VITT, though rare, further calls into question previous official denials concerning vaccine-related adverse outcomes . India, despite having carried out one of the globe’s most massive immunization campaigns, has historically been devoid of a dedicated national vaccine injury compensation scheme, unlike many developed nations such as the U.S. and the U.K., which mandate systems where claimants need only make out a plausible link rather than negligence . This directive by the apex court therefore establishes a crucial precedent , affirming the state's paramount duty of care when it backs up public health interventions for the collective good, moving away from a legal setback for victims.

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Vocabulary from this Editorial

Acknowledged adj.

Recognized or accepted as being true or existing.

Synonyms: recognized, accepted, admitted

"The company <b>acknowledged</b> its error and promised a full refund to customers."

Adverse adj.

Preventing success or development; unfavorable.

Synonyms: unfavorable, detrimental, harmful

"Despite the <b>adverse</b> weather conditions, the rescue team continued their search."

Affirming verb

Stating something as true; asserting strongly and publicly.

Synonyms: confirming, asserting, validating

"The judge's decision came, <b>affirming</b> the lower court's previous ruling."

Aggrieved adj.

Feeling resentment at having been unfairly treated.

Synonyms: wronged, injured, offended

"The <b>aggrieved</b> employee filed a formal complaint against the management."

Apex adj./noun

The highest point or top; here, referring to the highest court.

Synonyms: peak, summit, pinnacle

"The <b>apex</b> court's decision is final and binding on all lower courts."

Asserting verb

Stating a fact or belief confidently and forcefully.

Synonyms: declaring, affirming, maintaining

"The CEO was <b>asserting</b> the company's strong position in the market despite recent challenges."

Collective adj.

Done by people acting as a group.

Synonyms: shared, joint, common

"Their <b>collective</b> effort led to the successful completion of the challenging project."

Conventional adj.

Based on or in accordance with what is generally done or believed.

Synonyms: traditional, customary, standard

"The artist challenged <b>conventional</b> notions of beauty in her latest exhibition."

Debunked verb

Exposed the falseness or hollowness of (a myth, idea, or belief).

Synonyms: discredited, disproved, exploded

"New evidence <b>debunked</b> the long-held theory about the ancient civilization."

Deeming verb

Regarding or considering in a specified way.

Synonyms: considering, judging, holding

"The committee was <b>deeming</b> his proposal to be the most viable option."

Denials noun

Statements that something is not true or does not exist.

Synonyms: refutations, disavowals, rejections

"Despite his persistent <b>denials</b>, the evidence suggested his involvement."

Departure noun

The action of leaving; also, a deviation from a previous course of action.

Synonyms: deviation, divergence, shift

"This new policy marks a significant <b>departure</b> from their usual business practices."

Devoid adj.

Entirely lacking or free from.

Synonyms: lacking, without, empty of

"The desert landscape was <b>devoid</b> of any vegetation."

Directive noun

An official or authoritative instruction.

Synonyms: order, instruction, command

"The government issued a new <b>directive</b> on environmental protection."

Duty of Care noun phrase

A moral or legal obligation to ensure the safety or well-being of others.

Synonyms: responsibility, obligation, liability

"Healthcare professionals have a strict <b>duty of care</b> towards their patients."

Emanates verb

Issues or spreads out from (a source).

Synonyms: originates, issues, flows

"The beautiful aroma <b>emanates</b> from the blooming jasmine flowers."

Evinced verb

Revealed the presence of (a quality or feeling); indicated.

Synonyms: revealed, displayed, showed

"Her calm demeanor <b>evinced</b> a deep understanding of the situation."

Exceedingly adv.

To an extremely great extent; very much.

Synonyms: extremely, exceptionally, immensely

"The task proved to be <b>exceedingly</b> difficult, requiring immense concentration."

Executed verb

Carried out or put into effect (a plan, order, or course of action).

Synonyms: performed, accomplished, implemented

"The team <b>executed</b> the strategy flawlessly, leading to a quick victory."

Fatalities noun

Deaths caused by an accident, war, or disaster.

Synonyms: deaths, casualties, losses

"Despite the severe earthquake, fortunately, there were no <b>fatalities</b> reported."

Fault-based adj.

A system of liability where compensation is awarded only if negligence or wrongdoing is proven.

Synonyms: liability-based, negligence-dependent, culpability-driven

"The <b>fault-based</b> insurance system requires clear proof of who was at fault in an accident."

Historically adv.

In the past; according to history.

Synonyms: traditionally, conventionally, customarily

"The region has <b>historically</b> been known for its rich cultural heritage."

Impractical adj.

Not sensible or realistic; not practical or efficient.

Synonyms: unrealistic, unfeasible, unworkable

"His grand ideas, though inspiring, often proved to be <b>impractical</b> to implement."

Incidence noun

The occurrence, rate, or frequency of a disease, crime, or other undesirable thing.

Synonyms: occurrence, frequency, prevalence

"The new public health campaign aimed to reduce the <b>incidence</b> of preventable diseases."

Instituting verb

Setting in motion or establishing (a procedure, custom, or policy).

Synonyms: establishing, initiating, founding

"The government is <b>instituting</b> new reforms to improve the education system."

Interventions noun

Actions taken to improve a situation, especially a medical or social one.

Synonyms: measures, actions, initiatives

"Early <b>interventions</b> can significantly improve outcomes for children with developmental delays."

Mandate verb

Require (something) to be done; make compulsory.

Synonyms: require, order, decree

"New regulations will <b>mandate</b> stricter safety standards in factories."

Massive adj.

Extremely large or heavy.

Synonyms: huge, enormous, colossal

"The construction project required a <b>massive</b> investment of resources."

Mechanism noun

A natural or established process by which something takes place or is brought about.

Synonyms: procedure, system, method

"The body has a complex <b>mechanism</b> for regulating temperature."

Negligence noun

Failure to take proper care in doing something.

Synonyms: carelessness, dereliction, neglect

"The accident was attributed to the driver's <b>negligence</b>."

Phrasal Verbs

backs up

Supports or corroborates someone or something.

"The new evidence <b>backs up</b> the witness's testimony."

brought forth

Produced or presented something, especially evidence or a legal case.

"The investigation <b>brought forth</b> new details about the incident."

call upon

To formally ask or request someone to do something.

"The president decided to <b>call upon</b> the nation for unity during the crisis."

calls into question

To cause doubts about something; to challenge its validity or reliability.

"Recent findings <b>call into question</b> the original hypothesis."

carried out

Performed or accomplished a task, plan, or instruction.

"The researchers <b>carried out</b> a series of experiments to test their theory."

make out

To discern or understand something, often with difficulty; to establish or prove.

"She struggled to <b>make out</b> the faint handwriting on the old document."

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