Ex-Gratia Payment for Covid-19 Deaths: Supreme Court Mandates Rs. 50,000 Assistance

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EX-GRATIA PAYMENT FOR COVID-19 DEATHS: SUPREME COURT MANDATES RS. 50,000 ASSISTANCE

Introduction

In a significant ruling, the Supreme Court of India has mandated an ex-gratia payment of Rs. 50,000 to the families of individuals who died due to Covid-19. This decision comes in the wake of the ongoing pandemic and aims to provide financial assistance to the next of kin of the deceased. The Court's order outlines specific guidelines for the disbursement of this assistance and addresses the certification of deaths related to Covid-19.

Case Background

The case originated from a writ petition filed by Gaurav Kumar Bansal, seeking directions for the provision of ex-gratia assistance to families of those who succumbed to Covid-19. The Supreme Court, in its earlier judgment dated June 30, 2021, had directed the National Disaster Management Authority (NDMA) to recommend guidelines for such assistance under Section 12(iii) of the Disaster Management Act, 2005 (DMA).

In compliance with the Court's directions, the NDMA prepared guidelines recommending an ex-gratia payment of Rs. 50,000 to the next of kin of deceased individuals, which was to be disbursed by the District Disaster Management Authority from the State Disaster Response Fund (SDRF).

What The Lower Authorities Held

The NDMA's guidelines, issued on September 11, 2021, outlined the process for claiming the ex-gratia payment. The guidelines specified that the payment would be made to the next of kin of individuals whose deaths were certified as due to Covid-19. The guidelines also included provisions for grievance redressal in cases where families disputed the cause of death mentioned in the death certificate.

The Court's Reasoning

The Supreme Court emphasized the need for a robust mechanism to ensure that families of Covid-19 victims receive timely financial assistance. The Court noted that the NDMA's guidelines must be implemented effectively and that the ex-gratia payment should not be denied based on technicalities in death certificates.

The Court further clarified that deaths occurring within 30 days of a positive Covid-19 diagnosis would be treated as Covid-19 deaths, regardless of the circumstances surrounding the death. This includes cases where individuals committed suicide within this timeframe, recognizing the psychological impact of the pandemic.

Statutory Interpretation

The Court's ruling is grounded in the provisions of the Disaster Management Act, 2005, particularly Section 12(iii), which mandates the provision of minimum standards of relief to individuals affected by disasters. The Court interpreted this section to include financial assistance for families of those who died due to the Covid-19 pandemic, thereby expanding the scope of relief under the Act.

CONSTITUTIONAL OR POLICY CONTEXT

The ruling aligns with the government's obligation to provide relief to citizens affected by disasters, as enshrined in the Constitution. The Court's decision reflects a commitment to uphold the rights of individuals and ensure that families of Covid-19 victims receive the support they need during these challenging times.

Why This Judgment Matters

This judgment is significant for several reasons. Firstly, it establishes a clear framework for providing financial assistance to families of Covid-19 victims, ensuring that they are not left to navigate bureaucratic hurdles during a time of grief. Secondly, it reinforces the importance of accurate death certification and the need for a transparent grievance redressal mechanism.

The ruling also highlights the Court's proactive approach in addressing the challenges posed by the pandemic and its impact on public health and welfare. By mandating the NDMA to issue guidelines and ensuring compliance, the Court is taking steps to safeguard the rights of citizens and promote accountability in the implementation of disaster management policies.

Final Outcome

The Supreme Court's order mandates that the ex-gratia payment of Rs. 50,000 be disbursed to the next of kin of deceased individuals who died due to Covid-19. The guidelines issued by the NDMA must be followed, and the disbursement process should be streamlined to ensure timely assistance. The Court also directed the establishment of grievance redressal committees to address any disputes regarding death certifications.

Case Details

• Case Title: Gaurav Kumar Bansal vs Union of India and others
• Citation: 2021 INSC 613
• Court: IN THE SUPREME COURT OF INDIA
• Date of Judgment: 2021-10-04