Centre moves SC, seeks 4 more weeks to frame guidelines on compensation for COVID deaths

The Centre moved the Supreme Court seeking an extension of 4 weeks for the National Disaster Management Authority to frame guidelines for payment of ex-gratia to the kin of COVID-19 victims. Hearing pleas demanding financial compensation of Rs.4 lakh to the kin of COVID-19 victims and simplification of the process for the issuance of their death certificates, the SC ruled on June 30 that guidelines for ex-gratia must be formulated within 6 weeks. In its application, the Union government argued that the issue requires more in-depth examination and cautioned that any hurry might lead to "undesirable results".

The Supreme Court's landmark order

Pronouncing the order on June 30, a division bench of Justices Ashok Bhushan and MR Shah observed that the authorities are bound to give minimum standards of relief to the affected family which includes ex-gratia assistance. It held that the National Disaster Management Authority has failed in discharging its duty by not prescribing guidelines under Section 12 of the Disaster Management Act. At the same time, the bench took into account the fact that the government had its own priorities such as providing food and shelter to the migrants and managing the impact of the pandemic on the economy.

The HC said, "No country has unlimited resources. Dispensation of the same is based on a number of circumstances, facts, law. Therefore, we don’t think it is proper to direct the Union to pay a particular amount. This is to be fixed by the government. Ultimately, the priorities are also to be fixed by the government."

The NDMA has been given the freedom to fix the compensation amount based on various factors including the availability of funds under NDRF, SDRF and other priorities. The aforesaid directions must be accommodated from a period of 6 weeks from today. Moreover, the bench also ruled in favour of simplified guidelines for the issuance of death certificates and directed specific rules to be framed for those not satisfied with the cause of death stated in the certificate. 

Weighing in on this judgment, the Congress party lauded the SC for rejecting the Centre's "sinister attempt" to dilute the provisions of The Disaster Management Act. Thereafter, it asked the PM to immediately announce a 'COVID compensation fund' in pursuance of this verdict. Demanding that the families of the novel coronavirus victims should be provided with a relief of Rs.10 lakh, it also requested the Centre to take concrete steps for tackling the imminent third wave.