Skip to main content

"National Authority to recommend appropriate guidelines for ex gratia assistance on account of loss of life due to Covid-19 pandemic": Supreme Court



Ex Gratia Compensation Directed by Supreme Court
Supreme Court of India


In two separate petitions filed on behalf of coronavirus victims, lawyers Reepak Kansal and Gaurav Kumar Bansal sought directions from the Supreme Court to the Centre and states to provide Rs. 4,00,000 as compensation under the Disaster Management Act.

According to the Centre, there was no issue regarding fiscal affordability, but ex-gratia compensation of Rs. 4,00,000 to the families of COVID victims cannot be paid keeping in mind the "rational, judicious and optimum usage of resources of the nation".

The court has held that the National Disaster Management Authority (NDMA) must issue new guidelines concerning the minimum standard of relief to be granted to families of COVID-19 victims within six weeks.

While the court will not direct the centre to fix a specific amount, the government can propose a minimum standard of ex-gratia amount to be given to surviving family members of those killed in COVID-19 while taking certain aspects into account.

While directing Centre and NDMA to issue new guidelines in six weeks, a special bench of Justices Ashok Bhushan and M R Shah said the government can fix a reasonable amount considering the funds and resources available.

NDMA also failed to perform its statutory duties, and the top court rejected the Centre's argument that "shall" should be read as "may" in section 12 of the Act.

The government has stated that it has taken various steps to strategise nation's response to COVID which is a "once in a lifetime pandemic inflicted on the entire world" and "not just the funds of National Disaster Response Force (NDRF) and State Disaster Response Fund (SDRF) but also of Consolidated Fund of India are being utilised according to the advice of experts."

The Apex Court has also directed the appropriate authority to "to issue simplified guidelines for issuance of Death Certificates/official document stating the exact cause of death, i.e., “Death due to Covid-19”, to the family members of the deceased who died due to Covid-19"


Labels:

Comments

Post a Comment

Popular posts from this blog

Pune Porsche Crash: Father of Minor Granted Bail

Image Credit: tv9marathi A Pune court has granted bail to the minor’s father, Vishal Agarwal, who faced charges under the Juvenile Justice Act for neglect and endangering the child by allowing him to drive without a license and consume alcohol. Additionally, bar owners and managers were arrested for serving alcohol to minors. The father, already in custody for other related charges, was implicated in the alleged manipulation of his son’s blood samples and in a separate case of kidnapping his driver. Advocate Prashant Patil argued that Vishal Agarwal's arrest was unlawful, contending that the charges were non-cognizable offenses and required a notice under the Criminal Procedure Code. Mr. Patil also highlighted contradictions in police reports, where the minor was listed as the accused in one FIR and as a victim in another.  Also Read:  Delhi High Court Stays Delhi Chief Minister Arvind Kejriwal's Bail in Excise Policy Case Earlier Proceedings in the Pune Porsche Crash Inc...
Post a Comment
Read more

Patna High Court Declares Bihar’s Reservation Amendments Ultra Vires

  In a landmark decision, the Patna High Court has invalidated the Bihar government's legislative attempt to increase reservations for backward classes. The court's ruling focused on procedural flaws and the absence of a robust empirical basis for the hike, sparking a debate on judicial intervention in affirmative action policies. Background and Rationale Behind Setting Aside Bihar Reservation Increase Law The Bihar government had proposed an increase in reservations to address socio-economic disparities faced by backward classes. However, the court found that the state failed to follow due process, which includes conducting a thorough empirical study to justify the policy change. This procedural oversight led to the court's decision to strike down the increase. The High Court emphasized the necessity of a data-driven approach for policy changes related to reservations. The ruling underscored that without solid empirical evidence, such policies could not be justified within...
Post a Comment
Read more

Justice Rohit Deo of Bombay High Court, Nagpur Bench Announces Resignation in Open Court

Justice Rohit Deo, a judge of the Bombay High Court, Nagpur Bench, announced his resignation on personal grounds during a courtroom session in Nagpur.  The matters scheduled before him for the day were discharged following the announcement. Appointed to the Bombay High Court in June 2017, he was originally set to retire in December 2025. Justice Deo apologized to those present in the court, stating that he scolded them in an effort to encourage improvement. He expressed his resignation, mentioning that he cannot work against his self-respect. He later confirmed to reporters that he has submitted his resignation letter to the President of India due to personal reasons. Notably, in 2022, Justice Deo had acquitted a former Delhi University professor in a case involving alleged Maoist links. However, the Supreme Court stayed the order and instructed the Nagpur bench to rehear the case. Justice Deo had also recently stayed the implementation of a Maharashtra Government Resolution relate...
Post a Comment
Read more