On Friday(June 11, 2021) the Centre told the Supreme Court that it was actively considering the issues raised in two petitions seeking ex gratia monetary compensation of Rs. 4 lakhs or notification of ex gratia monetary compensation to the families of those who died as a result of the COVID-19 pandemic.
"The problems are real, and we'll deal with them. Give me a little time and we'll figure it out. Let's file a rebuttal ", Mr. Tushar Mehta, India's Solicitor General, stated. The SG's request was granted by a vacation bench consisting of Justices Ashok Bhushan and MR Shah. As a result, the case has been rescheduled for June 21st.
The first petition was filed by Advocate Gaurav Kumar Bansal, who appeared as Petitioner-in-Person, and the second was filed on behalf of Advocate Reepak Kansal by Advocate Harisha SR. Kansal was represented by Senior Advocate SB Upadhyay.
The petitions also raised the issue of death certificates being delayed, according to Senior Advocate SB Upadhyay. It was more important, he said, because compensation eligibility was contingent on the issuance of death certificates indicating COVID as the cause of death. The Solicitor General stated that this matter was also being looked into.
The Court had previously ordered the Central Government to file any policy or guidelines pertaining to death certificates issued to COVID-19 patients, including guidelines issued by the Indian Council of Medical Research, at the previous hearing (ICMR).
Further orders were given to present all of the schemes outlined in Section 12(3) of the Disaster Management Act in relation to ex gratia compensation to families of those who died as a result of COVID-19 to the Court.
The Petitioners' submission that the guidelines for a minimum standard of relief for ex gratia assistance required a death certificate was accepted by the Bench. COVID-19 victims' death certificates, on the other hand, did not specify the cause of death, causing problems for the families who had to run from pillar to post in order to receive compensation.
Background of the Case
According to the petitions, Section 12 of the Disaster Management Act of 2005 states that the National Authority shall recommend guidelines for minimum standards of relief to be provided to persons affected by disaster, which shall include ex gratia assistance on account of loss of life, and that the National Authority shall recommend guidelines for ex gratia assistance on account of loss of life.
Kansal's plea also claims that it is the right of family members to know the true cause of death of their loved ones on any official document, and that he has petitioned the Supreme Court to order the State to issue death certificates/letters to the families of the deceased stating the cause of death.
The aforementioned prayer becomes relevant because, according to the petition, medical officers/hospitals are not performing post mortems on people who are dying as a result of COVID-19, and a certificate is required to receive assistance and monetary compensation. The petition concludes by stating that not only is it the State's legal obligation to provide adequate relief to COVID-19 victims and their families under the State Disaster Response Fund (SDRF) because it is a "notified disaster," but it is also the State's constitutional obligation to care for the calamity's victims and their families.
