E-Paper
Centre gets 4-week extension on framing ex-gratia for Covid-19 deaths
In addition, the judgment asked the Centre to take appropriate steps in line with the recommendations of the Fifteenth Finance Commission providing for a National Insurance Scheme for disaster-related deaths.
The Supreme Court on Monday allowed a month’s extension to the Centre for framing ex-gratia compensation for Covid-19 deaths but asked the Government to indicate within two weeks steps taken to issue death certificate guidelines in Covid-19 cases and a national insurance scheme for disaster-related deaths, that formed part of the Court’s order passed on June 30.
A bench of Justices Dhananjaya Y Chandrachud and MR Shah said, “The time for framing of guidelines for ex-gratia compensation under Section 12(iii) of the Disaster Management Act 2005 is extended by four weeks. However, the Centre shall place on record its response setting out compliance effected of other guidelines.” The bench posted the matter after two weeks.
By its June 30 order, the Court had held that the government was required to pay ex-gratia compensation for Covid-19 deaths since Covid-19 was declared a notified disaster under the 2005 Act. The order came on two PILs filed by advocates Gaurav Kumar Bansal and Reepak Kansal who said that in case of death on account of a notified disaster, a sum of ₹4 lakh had been fixed as ex-gratia payment by the Ministry of Home Affairs by a letter of April 8, 2015. However, the Court did not fix the quantum of compensation but left it to the National Disaster Management Authority (NDMA) to fix the amount while framing the guidelines within six weeks.
As the period of six weeks expired by mid-August, the Centre moved an application for extension of time saying, “The exercise to frame appropriate guidelines for payment of ex-gratia payment to the victims of Covid-19 disaster under Section 12(iii) of the DMA is in active consideration of the NDMA and going on. This exercise, though at an active advance stage requires a little more in-depth examination before the same is finalized and implemented.”
The Centre was of the view that any “accelerated formulation may result into undesirable results” and if four additional weeks are available, NDMA can come out with a “comprehensive and robust formulation” on ex-gratia compensation.
Having gone through the application, the bench observed, “We have no difficulty to extend time. But a number of directions had been issued by us. There is no mention about those orders in your application.”
Additional Solicitor General (ASG) Aishwarya Bhati appearing for the Centre informed the Court that a suitable affidavit shall be filed bringing on record the steps taken pursuant to the Court’s judgment.
The June 30 judgment came as a landmark decision where the Court extended a helping hand to more than four lakh people who died due to the Covid-19 pandemic. Apart from compensation, two other directions were passed by the Court, which included issuance of simplified guidelines for issuance of death certificate stating the exact cause of death as “Death due to COVID-19”. Such guidelines, according to the Court, were to consider a person who has died within two to three months after he was found COVID-positive, to be also included as having “died due to COVID-19”. In the event, persons who have already received death certificates wished to make amends to their death document, the Court directed the Centre to provide a suitable remedy for family members of the deceased to get the same corrected.
In addition, the judgment asked the Centre to take appropriate steps in line with the recommendations of the Fifteenth Finance Commission providing for a National Insurance Scheme for disaster-related deaths. As per the Finance Commission, this could work as a Social Protection Scheme without increasing the administrative burden on the government.
