In an affidavit filed by the government on November 23, the government responded to the notice issued by the apex court that although the deaths were tragic, the government could not be held liable. They added that the COVID-19 jab is encouraged in the public interest, but there is no legal compulsion to get vaccinated. The affidavit emphasized that imposing strict liability on the Union or state governments for administering the vaccine is not legally tenable since the vaccines are manufactured by third parties.

The affidavit was filed in response to the notice issued by the Supreme Court on August 23 seeking a response to the plea filed by the parents of two girls who had passed away due to the side effects of the COVID vaccine. The plea filed in the Supreme Court sought a probe by an independent commission into the deaths along with the release of the autopsy. The petition also requested that the government issue guidelines for the early detection and treatment of people suffering from vaccine-related side effects.

The Union governments affidavit stated that adverse events following vaccination (AEFIs) are reported for every vaccine. As for the compensation, the affidavit stated that the petitioners have other legal remedies, including approaching a civil court for damages. The affidavit stated the concept of lack of informed consent is not applicable in a voluntary vaccination program.

Additionally, the affidavit highlighted that the regulatory mechanism for administering vaccines in India is well-established at various levels based on expert opinions. Meanwhile, the Kerala High Court recently directed the National Disaster Management Authority (NDMA) to formulate guidelines for identifying cases of deaths due to the after-effects of the COVID-19 vaccination, including compensating the dependents of such victims.