Reepak Kansal vs. Union of India and others [Writ Petition (Civil) No. 554 Of 2021]
Supreme court directs NDMA to frame guidelines for grant of ex gratia assistance on account of loss of life due to COVID-19
Brief: In the instant writ petitions, the Supreme Court has directed NDMA 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 and for issuance of Death Certificates/official document stating the exact cause of death, i.e., βDeath due to Covid-19β.
RELEVANT PARAGRAPH
16. In view of the above and for the reasons stated
above, we dispose of the present writ petitions with the following directions:
1) We direct the National Disaster Management
Authority 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 β 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 64 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., βDeath due to Covid-19β, 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 bearing in mind paragraph 8.131 in consultation with other
stakeholders and experts.