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2021 (8) TMI 449 - SC - Indian Laws


Issues Involved:

1. Ex gratia monetary compensation for families of deceased due to Covid-19.
2. Issuance of official documents stating cause of death due to Covid-19.
3. Social security and rehabilitation for Covid-19 victims.
4. Simplified procedure for issuing death certificates with the correct cause of death.
5. Financial constraints and prioritization of resources by the government.

Detailed Analysis:

1. Ex Gratia Monetary Compensation:

The petitioners sought directions for ex gratia monetary compensation of ?4 lakhs to families of those deceased due to Covid-19, under Section 12 of the Disaster Management Act, 2005 (DMA 2005). The petitioners argued that Covid-19 is a "Notified Disaster" and thus, the provisions of DMA 2005 apply, mandating ex gratia assistance on account of loss of life. They emphasized that the word "shall" in Section 12 should be interpreted as mandatory, not discretionary, citing previous court decisions supporting this interpretation. The Union of India contended that "shall" should be read as "may," arguing that the unique nature of the Covid-19 pandemic requires different considerations than other disasters. The court held that the word "shall" in Section 12 is mandatory, obligating the National Authority to recommend guidelines for ex gratia assistance. However, the court did not mandate a specific amount, leaving it to the discretion of the National Authority to decide the reasonable amount, considering available funds and other relief priorities.

2. Issuance of Official Documents Stating Cause of Death:

The petitioners sought directions for the issuance of official documents stating the cause of death as Covid-19. The court emphasized the importance of accurate death certificates for the families of the deceased to access benefits and for public awareness. The court directed the appropriate authority to issue simplified guidelines for issuing death certificates stating "Death due to Covid-19" and provided a remedy for correcting the cause of death if inaccurately recorded.

3. Social Security and Rehabilitation:

One petition sought a writ of mandamus to provide social security and rehabilitation to Covid-19 victims. The court noted that the Finance Commission had already recommended insurance schemes for disaster-related deaths, and the Union Government was considering these recommendations. The court expressed hope that the government would take appropriate steps based on the Finance Commission's recommendations.

4. Simplified Procedure for Issuing Death Certificates:

The court stressed the need for a simplified procedure for issuing death certificates with the correct cause of death. It directed the appropriate authority to issue guidelines for this purpose, ensuring that the certificates accurately reflect Covid-19 as the cause of death when applicable. The guidelines should also provide a mechanism for family members to correct any inaccuracies in the death certificates.

5. Financial Constraints and Prioritization of Resources:

The Union of India argued that the issue was not financial constraint but prioritizing resources for more comprehensive relief measures, including health infrastructure, testing, vaccination, and food security. The court acknowledged the government's need to prioritize resources and did not mandate a specific amount for ex gratia assistance. It recognized that the government must balance various relief measures and financial constraints while addressing the ongoing impact of the pandemic.

Conclusion:

The court directed the National Disaster Management Authority to recommend guidelines for ex gratia assistance for families of those deceased due to Covid-19 within six weeks. It also directed the issuance of simplified guidelines for death certificates stating "Death due to Covid-19" and urged the Union Government to consider the Finance Commission's recommendations for social security and insurance schemes. The court recognized the government's need to prioritize resources and did not mandate a specific amount for ex gratia assistance, leaving it to the discretion of the National Authority.

 

 

 

 

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