E-Paper
Plea on ex gratia for Covid victims: SC seeks Centre’s reply
Two petitions were heard by the Supreme Court where a reference was made by the petitioners to Section 12(iii) of the Disaster Management Act (DMA) providing for ex gratia monetary compensation for the families of those who have lost their lives during a notified disaster
The Supreme Court on Monday asked the Centre if there was any policy or scheme under the National Disaster Management Act 2005 to pay ex gratia compensation to kin of persons who succumbed to Covid-19 pandemic.
Two petitions, filed by Reepal Kansal and Gaurav Kumar Bansal respectively, were heard by the Supreme Court where a reference was made by the petitioners to Section 12(iii) of the Disaster Management Act (DMA) providing for ex gratia monetary compensation for the families of those who have lost their lives during a notified disaster. A notification issued on April 8, 2015 by the Ministry of Home Affairs (MHA) under this very provision fixed this amount at ₹4 lakh to be paid out of the State Disaster Response Fund and National Disaster Response Fund. However, this notification was applicable for the period 2015-20.
By a Central notification of March 14, 2020, Covid-19 was declared a ‘notified disaster’ under DMA. Relying on the same, the two petitions made out a case for compensation to be paid to all persons (including frontline workers) who had died due to Covid-19. More than 300,000 persons have died in the country due to Covid-19.
Kansal’s petition demanded that death certificates issued to Covid-19 deceased must specify the cause of death as Covid-19 and not complications related to it. Agreeing with this view, justice Shah asked Centre’s additional solicitor general (ASG) Aishwarya Bhati, “Is there any uniform policy for issuance of death certificate. If benefit is to be given under Section 12 of DMA, then there must be uniform guidelines.”
Also Read | Guarantors liable if firms fail to repay: Supreme Court
The court directed the Centre to produce all relevant documents regarding the compensation scheme envisaged under Section 12 of DMA, the letter issued on April 8, 2005, and guidelines governing issuance of death certificate for patients affected by Covid-19. The court also sought the guidelines framed by Indian Council of Medical Research (ICMR) presently adopted in many states. The next hearing of the case is on June 11.
The bench was alive to the reality that in most cases of death due to Covid-19, the municipal authorities or hospitals show cause of death as lung infection or heart ailment occurring due to Covid-19. “If benefit is to be given to such persons who died due to Covid-19, how will they be identified? Often the families of deceased do not know about such benefits. They may have to run from one end to another for getting these benefits,” the bench remarked.
Kansal, in his petition filed through advocate SR Harisha said, “It is the right of the family to know the real cause of death of their family member/ relative on any official document.” In most deaths, the medical officers are not conducting post-mortem examination, he added.
Making out a case for compensation under Section 12 for frontline workers, Bansal pointed out, “At a time when personnel from healthcare sector, police department, municipal boards, Nagar Nigam, etc are acting as backbone of our country in fighting against the Covid-19 pandemic, it is the very basic and fundamental duty of Centre to provide social security to those families whose members are losing their lives.”
Section 12 of the DMA provides “Guidelines for minimum standards of relief” which states as follows: “The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,— (iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood.”
The April 8, 2015 MHA notification that fixed ₹4 lakh ex-gratia stated, “ ₹four lakh per deceased person including those involved in relief operations or associated in preparedness activities, subject to certification regarding cause of death from appropriate authority.” This was the reason the petitioners demanded death certificate to reflect Covid-19 as cause of death.
