Supreme Court reserves verdict on Rs 4 lakh ex-gratia compensation to kin of COVID-19 deceased
The Supreme Court on Monday reserved its judgment on the petitions seeking direction to the concerned authorities, to provide ex gratia monetary compensation of Rs 4 lakhs (notified in the financial aid) to the family members of the deceased, who succumbed to Covid-19.
FollowThe Supreme Court on Monday reserved its judgment on the petitions seeking direction to the concerned authorities, to provide ex gratia monetary compensation of Rs 4 lakhs (notified in the financial aid) to the family members of the deceased, succumbed to Covid-19, as per MHA letter in view of Section 12 of the Disaster Management Act, 2005.
A special vacation bench comprising Justices Ashok Bhushan and MR Shah heard Solicitor General Tushar Mehta and senior advocate SB Upadhyay and other lawyers for almost two hours.
The top court asked the parties to file written submissions in three days and specifically directed the Centre to simplify the process of grant of death certificates to the dependents of those who have died of Covid-19.
The Centre had earlier told the apex court that the ex-gratia compensation of Rs 4 lakh cannot be paid to the families of those who have died of Covid-19 as the finances of state governments and the Centre are under severe strain.
In an affidavit filed before the top court, the Ministry of Home Affairs said the Centre submitted that it has by ways of ‘Minimum Standard Relief’ under section 12 of the Disaster Management Act, 2005, taken several steps providing for substantial and speedy measures by way of, increase in the health, infrastructure, ensuring food safety to every citizen.
Senior lawyer S Upadhayay, appearing for the petitioner, Reepak Kansal and Gaurav Kumar Bansal, submitted before the Apex Court that it is the "conditional duty and obligation of the state" to help the persons (patients) affected by COVID-19.
"There is a humanitarian distress," he told the court.
Advocate and one of the petitioners, Gaurav Bansal, told the Supreme Court that the affidavit filed by the Centre stated that the pandemic is a global health challenge and the Centre has adopted a multi-prong approach.
"It is in rural India, where women are generally in-home and men are working outside, so if a man goes outside and gets affected by COVID, then the family may be seriously being in trouble," Bansal said.
Bansal sought a direction from the Court for guidelines or some kind of scheme, as far as the ex gratia amount is concerned.
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