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.
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.
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]