Govt defends ex-gratia decision with pandemic spending

Centre cites commitments like providing free vaccines, buying anti-viral drugs and creating additional health infrastructure

The court was dealing with a PIL filed by advocate G.K. Bansal seeking a direction to the Centre to ensure that the kin of each deceased person was paid Rs 4 lakh as ex-gratia in terms of a 2015 notification of the Union government under the Disaster Management Act, 2005.: File picture

TT |  Legal Correspondent   |   New Delhi   |   22.06.21 : The Centre on Monday told the Supreme Court that the government has other commitments like providing free vaccines, buying anti-viral drugs and creating additional health infrastructure to overcome the pandemic and as such it would not be possible to pay Rs 4 lakh ex-gratia to the kin of each individual who died of Covid-19.

Solicitor-general Tushar Mehta told a bench of Justices Ashok Bhushan and M.R. Shah that it was not the case that the Centre doesn’t have money to pay ex-gratia of Rs 4 lakh to the kin of Covid victims but would rather utilise funds to build health infrastructure, ensure food for all, vaccinate the entire population and provide financial stimulus to boost the economy.

The court was dealing with a PIL filed by advocate G.K. Bansal seeking a direction to the Centre to ensure that the kin of each deceased person was paid Rs 4 lakh as ex-gratia in terms of a 2015 notification of the Union government under the Disaster Management Act, 2005.

The bench was also informed by some of the interveners that different states were paying different amounts of ex-gratia to the kin and sought a direction to the Centre to place before it data pertaining to the amount and criteria adopted by states/Union Territories in disbursing the money.

The court also directed the Centre to ensure simplification of the death certificates given during the pandemic so that the kith and kin do not face any difficulties in getting the ex-gratia or compensation.

It said there should be a mechanism to correct death certificates already issued or else the family members will be deprived of any ex-gratia being considered by the government. The court made the observation because there have been complaints that many hospitals are not declaring a death as Covid-related for various reasons.

Mehta, however, said all victims diagnosed with Covid-19, irrespective of co-morbidities, will be classified as deaths due to the pandemic.

During the arguments, senior advocate S.B. Upadhyay cited the Supreme Court’s ruling in the 2018 Swaraj Abhiyan case wherein it was held that financial constraints will not come in way of meeting constitutional obligations.

The senior counsel complained that presently, insurance cover is being provided only to doctors on regular rolls and not to other paramedical staff and contractual doctors.

Advocate Sumeer Sodhi appearing for family members of Covid-19 victims pointed out that different states were paying different ex-gratia amounts.

While Madhya Pradesh is paying Rs 1 lakh, Bihar is giving Rs 4 lakh, but no information was forthcoming from where these funds were being disbursed. Sodhi pleaded that there must be a centralised mechanism for disbursing a uniform amount.

Mehta, while arguing that the government had other priorities like vaccination and buying anti-viral drugs, said it also had to go by the recommendations made by the Finance Commission on disbursal of amounts under the National Disaster Response Fund.“If Parliament has allocated 15,000 crore for five years and a big pandemic like Covid has come, then is it your case that Centre or state cannot go beyond Rs 15,000 crore?” Justice Shah asked.

Mehta responded in the affirmative and said that in such situations the government had no other option but to go to Parliament for ratification.

 “Finance Commission recommendations were accepted by Parliament and it is what guides us. We ensure that no one sleeps hungry. When we run special trains for migrants that expenditure is part of disaster management… Everyone is entitled to 2kg rice and 5kg pulses which is a part of food security… measures to enhance oxygen production levels is also (under) disaster management act.

“This is an ongoing process and instead of one-time relief for death, its better we go for multi-pronged preparedness. Health insurance scheme applies to all health workers, whether government or private. Insurance premium which central government pays is under the DMA,” Mehta said.

The court, after hearing the arguments, reserved its verdict, which is expected to be pronounced within a fortnight.