SC seeks Centre’s reply on petitions seeking Rs 4 lakh ex gratia compensation

A bench of Justices Ashok Bhushan and M.R. Shah issued notice to the Centre on two separate pleas filed by advocates Gaurav Kumar Bansal and Reepak Kansal

Supreme Court of India: File picture

R. Balaji   |   TT  |  New Delhi   |   25.05.21: The Supreme Court on Monday sought the Centre’s reply on petitions seeking ex gratia compensation of Rs 4 lakh under the Disaster Management Act to the families of all those who have died of Covid-19.

The court wanted the Centre to place before it the guidelines of the Indian Council of Medical Research on issuing death certificates for Covid-19 victims so that their families don’t have to run from pillar to post for collecting the ex gratia  amount.

A bench of Justices Ashok Bhushan and M.R. Shah issued notice to the Centre on two separate pleas filed by advocates Gaurav Kumar Bansal and Reepak Kansal.

The petitioners pointed out that under a 2015 notification issued by the Centre, the government is duty bound to pay an ex gratia of Rs 4 lakh each to the victims’ kin under Section 12 of the Disaster Management Act. The Centre had declared the Covid-19 pandemic as a national disaster under the same act.

 It is the fundamental duty of the National Disaster Management Authority (NDMA) to provide “minimum standards” of relief to persons affected by disaster, the petitioners said.

Over 3.10 lakh people have so far died in the country after the outbreak of Covid-19 in November 2019, they said. Apart from general citizens who had succumbed to the pandemic, the petitioners  wanted the ex gratia to be given to a large number of frontline workers like doctors, paramedical staff, police and civic staff.

The petitioners placed before the court details of a notification issued by the Centre  on April 8, 2015, by invoking Section 12 (iii) of the Disaster Management Act, 2005.

“It is respectfully submitted that as per the said notification Respondent No. 1 (the Centre) has decided to pay Rs 4 lakh as ex gratia payment to per deceased person, including those involved in relief operations or associated preparedness,” the petition filed by Bansal said.

The bench pointed out: “It is submitted by learned counsel for the petitioner that under the revised list of items and norms of assistance from the State disaster response fund, which is part of the letter dated 08.04.2015, Rs 400,000/- as ex gratia compensation is required to be made.”

During the hearing, Justice Shah asked additional solicitor-general Aishwarya Bhati appearing for Centre whether there was a uniform policy on issuing death certificates as there were  many instances where the death was not attributed to Covid-19.

“States say they follow ICMR guidelines, produce the guidelines about the death certificates. If benefit is to be given to Covid deaths, then reasons like lung problem, etc, is given. So people have to go from one office to another. What is the uniform policy in this regard?” Justice Shah asked Bhati, to which she said she was not served copies of the petitions by the petitioners.

“It is contended that there is no uniform policy for issuing the certificate or any official document regarding causes of death to the deceased families due to which there is a difficulty on availing various benefits,” the bench said.

“Ms Aishwarya Bhati, learned ASG appearing for the Union of India, seeks time to obtain instructions and bring all relevant materials regarding the scheme under Section 12(iii) of the Disaster Management Act, 2005, as well as the letter dated 08.04.2015.

“The policies or guidelines regarding issuance of death certificate with regard to patients, who were infected with Covid-19, may also be brought on the record, including the guidelines issued by the ICMR,” the bench said.

The court granted the Centre 10 days to file a counter-affidavit and three days for the petitioners to lodge rejoinder affidavit. The case has been listed for June 11.