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2021 (8) TMI 449 - SC - Indian LawsScope of judicial review on the policy decisions - Seeking to direct the National Disaster Management Authority (NDMA)/Central Government/State Governments to provide ex gratia monetary compensation of ₹ 4 lacs or notified ex gratia monetary compensation to the families of the deceased persons who have succumbed to the pandemic of Covid-19, in view of Section 12 of DMA 2005 - seeking to direct the respondents/State Governments to fulfill their obligation(s) to take care of victims of the calamity and their family members - seeking an appropriate direction to the respondents State Governments to issue any official document stating cause of death, to the family members of the deceased who died due to Covid-19; and iv) to direct the respondents Union of India and others to provide social security and rehabilitation to the victims of Covid-19. HELD THAT - The Disaster Management Act, 2005 has been enacted for prevention and mitigation effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. It has been enacted on disaster management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of Government. With the above aim and object, DMA 2005 has been enacted. The DMA 2005 provides for setting up of a National Disaster Management Authority under the Chairmanship of Hon ble Prime Minister. It also provides for constitution of State Disaster Management Authorities under the Chairmanship of the Chief Ministers and District Disaster Management Authorities under the Chairmanship of District Magistrates. It also provides for concerned Ministries or Departments to draw up department-wise plans in accordance with the national disaster management plan. In Section 12 of DMA 2005, the word shall is used twice. The intent of the legislature by using the word shall twice is very clear and the same can be in tune with the Statement of Objects and Reasons for enactment of DMA 2005 and the functions and powers of the National Authority. One of the Objects and Purposes is mitigation . As per Section 6(1) and Sub-section 2(g) of Section 6, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management and recommend provision of funds for the purpose of mitigation - As per the settled proposition of law laid down by this Court in a catena of decisions, when the language of the provision is plain and unambiguous, statutory enactments must ordinarily be construed according to its plain meaning. The beneficial provision of the legislation must be literally construed so as to fulfil the statutory purpose and not to frustrate it. Guidelines for ex gratia assistance on account of loss of life due to Covid-19 pandemic, while recommending other guidelines for the minimum standards of relief, it can be said that the National Authority has failed to perform its statutory duty cast under Section 12 and therefore a writ of mandamus is to be issued to the National Authority to recommend appropriate guidelines for ex gratia assistance on account of loss of life due to Covid-19 pandemic while recommending guidelines for the minimum standards of relief to be provided to persons affected by disaster/Covid-19 pandemic as mandatory under Section 12 of DMA 2005. Whether a writ of mandamus can be issued directing the Central Government/National Authority/State Governments to pay a particular amount by way of ex gratia assistance, more particularly ₹ 4 lacs, as prayed by the petitioners? - Whether the Court can/may direct to pay a particular amount by way of ex gratia assistance? - HELD THAT - There is a need to focus simultaneously on prevention, preparedness, mitigation and recovery, which calls for a different order of mobilization of both financial and technical resources. The Government is required to and as so stated in the counter affidavit and as submitted by Shri Mehta, learned Solicitor General, a huge fund is required for the purpose of creating the infrastructure, hospitals, ventilators, oxygen, testing, vaccination etc. According to the Central Government, the Government has bonafidely and in the larger public interest has decided the priorities and focused simultaneously on prevention, preparedness, mitigation and recovery. According to the official figure, the pandemic has caused more than 3,85,000 deaths, the same is likely to increase further. It cannot be disputed that these deaths have affected the families from all classes the rich and poor, professionals and informal workers, and traders and farmers. It has also affected the kins as well as elderly members, old parents. Many have lost the sole bread earner. However, at the same time, and as observed hereinabove, the impact and effect of the present pandemic/disaster would be different from the other disasters/natural disasters for which ex gratia assistance is provided. There shall not be any justification to provide for the same/similar amount by way of ex gratia assistance as provided in the case of other disasters/natural disaster, i.e., ₹ 4 lacs. Seeking to issue appropriate direction to the respondents State Governments to issue an official document stating Covid-19 related as cause of death, to the family members of the deceased who died due to Covid-19 - HELD THAT - It is required to be noted that it is the duty of the every authority to issue accurate/correct death certificates stating the correct and accurate cause of death, so that the family members of the deceased who died due to Covid-19 may not face any difficulty in getting the benefits of the schemes that may be declared by the Government for the death of the deceased, who died due to Covid-19. In the death certificate also, if a person has died due to Covid-19 and/or any other complications/disease due to Covid-19, it should be specifically mentioned in the death certificate. Prayer to issue an appropriate direction directing the respondents State Governments to fulfil their obligation to take care of the victims of the calamity and their family members - HELD THAT - The prayer sought is too vague. Even otherwise, considering the counter affidavit filed on behalf of the Union of India it demonstrates the various reliefs declared by the Union Government. As such, no mandamus can be issued directing the respondents State Governments to declare a particular policy/relief/relief package in general and the same shall be within the domain of policy decision and would have financial implications also. Seeking to issue appropriate direction directing the respondents Union of India and others to provide social security in the form of insurance - HELD THAT - The Union Government may look into the same and cover them also who might have been left out and who can be said to be in direct contact of dead bodies of Covid-19 patients. Even, Shri Tushar Mehta, learned Solicitor General has also stated at the Bar that the Union Government/appropriate authority shall look into the same.
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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