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VIKRAM NATH, SANDEEP MEHTA
Rachana Gangu – Appellant
Versus
Union of India – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted in SLP (C) No. 16452/2023.
2. The COVID-19 pandemic was an unprecedented period of suffering and disruption, which brought grief and hardship to countless families across the country. Many lives were lost, and many households were left to bear sorrow that cannot easily be expressed in words. The present proceedings arise in the aftermath of that difficult time. The Court approaches the issues raised with a deep sense of empathy for the human loss endured during the pandemic, while remaining mindful that the questions before it must be examined with care and within the constitutional limits of judicial determination.
3. At the outset, it is relevant to note that a writ petition under Article 32 of the Constitution, registered as W.P. (C) No. 1220 of 2021 ( Rachana Gangu and Another v. Union of India and Others ), was instituted before the Supreme Court by parents of young individuals who had received COVID-19 vaccination and are stated to have died thereafter. The petition sought, inter alia, the constitution of an independent expert medical board to inquire into such deaths, the formulation of protocols for early detection and treatment of ad
The court established that the right to health under Article 21 includes a State obligation to provide a compensation framework for adverse events following vaccination, emphasizing no-fault liabilit....
The obligation of the State to provide adequate medical services to the people, as established in Pt. Parmanand Katara v. Union of India and Paschim Banga Khet Mazdoor Samity v. State of West Bengal,....
The court ruled that adverse effects experienced by a trial participant were not directly attributable to the vaccine and emphasized the importance of informed consent in clinical trials.
The main legal principle established is the interpretation of the Scheme to provide financial assistance to health workers who lost their lives on account of Covid-19 related duties, widening the def....
Process of rationalisation of the infirmities in the economy can be put in serious jeopardy and, therefore, it is necessary that while dealing with economic legislations, this Court, while not jettis....
The court affirmed that public health measures can limit individual rights if justified by legality, necessity, and proportionality, especially during emergencies like a pandemic.
The right to health is integral to the right to life under Article 21, necessitating timely and adequate medical care, which was grossly violated in the case of the deceased, leading to her avoidable....
The court ruled that formal documentation is not strictly necessary for ex gratia compensation if the employee's duties inherently involved exposure to Covid-19, especially during the pandemic.
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