Plea in Supreme Court Seeks Direction to Centre and State Governments to Pay Compensation of 4 Lakhs for Kin of COVID-19 Victims
(Judicial Quest News Network)
A plea has been filed in Supreme Court seeking direction to the Central as well as State Governments to provide compensation of Rs 4 lakhs to the families of those who have died due to COVID-19.
The pleas states that ir is provisioned in the Disaster Management Act 2005.
The petitioner is seeking an intervention of this Hon’ble Court to provide ex gratia monetary compensation of Rs. 4 lacs/ notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19as per MHA letter No.32-7/2014-NDM-1 dated 08.04.2015 issued by Ministry of Home Affairs, Government of India, in view of Section 12 of The Disaster Management Act, 2005.
The petitioner has also approached this Hon’ble Supreme Court seeking direction (s) to respondent States to issue death certificates/ any letter to the families of deceased stating therein cause of death. The medical officers have not been conducting post mortem of the persons who are dying due to COVID-19.
The Centre Government has notified COVID-19 virus as national disaster vide letter bearing No. 33-4/2020-NDM-I dated 14.03.2020 and declared COVID-19 virus as notified disaster.
The Centre Government issued revised list and norms of assistance from State Disaster Response Fund (hereinafter referred as SDRF) & National Disaster Response Fund (NDRF) vide MHA letter No.32-7/2014-NDM-1 dated 08.04.2015 and recommended Ex gratia compensation of Rs. 4 Lacs per deceased person including
those involved in relief operation and associate in preparedness activities subject to certification regarding cause of death from appropriate authority.
The petition is filed last week by Advocate Harisha SR on behalf of Advocate Reepak Kansal, said that states should be directed to full-fill their obligation to take care of victims of COVID-19 and also their family members.
As per Section 12of the Disaster Management Act, 2005, The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include ex gratia assistance on account of loss of life. Section 12 (iii) of the Disaster Management Act, 2005 is reproduced as under:
Section 12 in the Disaster Management Act, 2005
The injury caused to a section of the citizen who have lost their family members due toCOVID-19, a notified national disaster. The bread earner / Member of family died which has badly affected the livelihood of other family members. Their right to live with dignity is
infringed due to death of earning member of family and no financial assistance is provided by the respondent as per of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19as per MHA letter No.32-7/2014-NDM-1 dated 08.04.2015 issued by Ministry of Home Affairs, Government of India, in view of Section 12 of The Disaster Management Act, 2005.
the respondents are unjustified in not giving ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19as per MHA letter No.32-7/2014-NDM-1 dated 08.04.2015 issued by Ministry of Home Affairs, Government of India, in view of Section 12 of The Disaster Management Act, 2005.
The petitioner prayers that to the respondents Central / State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19as per MHA letter No.32-7/2014-NDM-1 dated 08.04.2015 issued by Ministry of Home Affairs, Government of India, in view of Section 12 of The Disaster Management Act, 2005; and/or
It is also sought that a direction be issued medical officers/ hospitals are not conducting post mortem of the persons who are dying due to COVID-19 therefore, it is necessary to issue a certificate stating cause of death to the families of deceased.
The plea concludes on the note that not only is it the legal; obligation of the State Disaster Response Fund (SDRF) as it is a “notified disaster” but also the constitutional obligation of the State to take care of the Victims of the calamity and their families.
