The centre should allow individuals and doctors to publish the report on the adverse effects of vaccination on virtual platforms: Supreme Court

CASE: Jacob Puliyel vs Union of India

COURT: Justices BR Gavai and L Nageswara Rao

Recently, the Supreme Court of India gave directions to the Central Government to allow or permit doctors and individuals to report the Adverse Events Following Immunization (‘AEFIs’) on virtual platforms without harming or compromising the privacy of the individual reporting. 

FACT: The suit was filed challenging a plea that mandated vaccinations and disclosure of clinical trial data of COVID-19 vaccines. The petitioner contended that the Union Government is allowing only District Immunisation Officers (‘DIOs’) and the vaccinators to report AEFIs. He gave the reference of the United States of America, which follows a system that publishes all vaccine-related reports every Friday. Further, it was submitted that doctors and individuals should also be allowed to publish AEFIs reports on the virtual platforms to ensure the safety of the vaccines and reporting of the adverse effects to the hospitals. As revised by the World Health Organisation in 2018, only those rules that are classified under AEFIs can be termed as vaccine-related reactions.  

HELD: The court addressed that there is a lack of transparency and data in respect of AEFIs and the results of casualties that occurred post administration of vaccines are significant for the welfare of the country. Further, it observed that to ensure transparency in the system the Central Government should allow individuals and doctors to publish the AEFIs reports on virtual platforms after a unique identification number is given. However, maintenance of privacy and confidentiality of the person reporting shall be maintained at all times.