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Kansal v Union of India and others
Writ Petition (Civil) No. 554 OF
2021, Decided on June 30, 2021.
BENCH– ASHOK BHUSHAN, M.R. SHAH, JJ.
FACTS
In the present case, the two
petitioners had sought the courts direction to the respondents Central/State
Governments providing ex gratia monetary compensation of Rs. 4 lacs or notified
ex gratia monetary compensation to the families of the deceased who have
succumbed to the pandemic of Covid-19, in lieu of Section 12 of the Disaster
Management Act, 2005 (hereinafter referred to as ‘DMA 2005’). Further the
petitioners also demanded an appropriate direction to the respondent to issue
any official document stating the cause of death, to the family members of the
deceased who die due to Covid-19.
Held
The Supreme Court directing the
respondent State/Central government to provide ex gratia assistance on account of loss of life to the family
members of the persons who died due to Covid-19 held that:-
1) the National Disaster Management
Authority directed to recommend guidelines for ex gratia assistance on account
of loss of life to the family members of the persons who died due to Covid-19,
as mandated under Section 12(iii) of DMA 2005 for the minimum standards of
relief to be provided to the persons affected by disaster – Covid 19 Pandemic,
over and above the guidelines already recommended for the minimum standards of
relief to be provided to persons affected by Covid-19. However, what reasonable
amount to be offered towards ex gratia assistance is left to the wisdom of National
Authority which may consider determining the amount taking into consideration
the observations made hereinabove, such as, requirement/availability of the
fund under the NDRF/SDRF for other reliefs and the priorities determined by the
National Authority/Union Government and the fund required for other minimum
standards of relief and fund required for prevention, preparedness, mitigation
and recovery and other reliefs to carry out the obligation under DMA 2005. The
aforesaid exercise and appropriate guidelines be recommended, as directed
hereinabove, within a period of six weeks from today;
2) The Appropriate Authority is
directed 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. While issuing such guidelines, the observations made hereinabove in
paragraph 13 be borne in mind. Such guidelines may also provide the remedy to
the family members of the deceased who died due to Covid-19 for correction of
the death certificate/official document issued by the appropriate authority, if
they are not satisfied with the cause of death mentioned in the death
certificate/official document issued by the appropriate authority; and
3) The Union of India to take
appropriate steps on the recommendations made by the Finance Commission in its
XVth Finance Commission Report in consultation with other stakeholders and
experts.