Plea Seeking Direction to State of UP to Bring Law to Compensate COVID-19 Vaccinated Individuals Dismissed by Allahabad High Court [READ ORDER]

Judiciary Feb 12, 2021 Gautami Chakravarty ( Editor: Ekta Joshi ) 8 Shares

The Bench of Justice Sanjay Yadav and Justice Jayant Banerji was hearing the plea of one Gajendra Singh Yadav (a law student), who drew inference from the United States of America having National Childhood Vaccine Injury Act 1986 and other countries having similar enactment to ensure compensation to person who suffer any loss/ injury due to side effect of any vaccine.

Also Read - Plea in Allahabad High Court Seeks Directions for Formulation of Scheme Under Disaster Management Act, 2005 for granting compensation to families of COVID victims [READ ORDER]

While noting that a direction cannot be given to legislate a law, the Allahabad High Court dismissed the plea seeking direction to the State of Uttar Pradesh to bring a legislation to compensate the COVID-19 Vaccinated individuals in case of loss/ sufferings. The Petitioner argued that to protect the life and personal liberty of individuals he seeks command to the State of Uttar Pradesh to have statutory provisions in other word legislation to compensate the individuals in case of loss/ sufferings.

In this matter, the Allahabad High Court observed that Courts have very limited role with regard to judicial legislation since neither the Courts can legislate nor they have any competence to issue directions to legislature to enact a law in a particular manner.

Also Read - ₹ One Crore for Death of Polling Officers Due to COVID : Allahabad High Court

In related news, the Madras High Court had recently ordered that an expert autopsy be conducted on the body of a health worker, as per AEFI guidelines as his wife alleged that he died after getting COVID vaccination.

[READ ORDER]

Plea in Allahabad High Court Seeks Directions for Formulation of Scheme Under Disaster Management Act, 2005 for granting compensation to families of COVID victims [READ ORDER]

Judiciary May 14, 2021 Shreyas Nair ( Editor: Ekta Joshi ) 6 Shares

A petition has been filed with the Allahabad High Court's Lucknow Bench, seeking directions to the Central and State Governments to enact a schemeunder the Disaster Management Act, 2005, to pay ex gratia compensation to the families of those who died as a result of the ...

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₹ One Crore for Death of Polling Officers Due to COVID : Allahabad High Court

Judiciary May 14, 2021 Arpit Chauhan ( Editor: Ekta Joshi ) 8 Shares

The Allahabad High Court ruled that the State must pay at least Rs. 1 crore in ex-gratia compensation to the families of polling officers who died as a result of the pandemic following the UP panchayat elections."It is not a case that somebody volunteered to render his/ her services during election," said a Division Bench of Justices Siddhartha Varma and Ajit Kumar.The UP government declared reimbursement of Rs. 30,00,000 for bereaved families on Friday (May 7, 2021). The UP government and...

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