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SC grants Centre 4 more weeks for framing guidelines on ex-gratia to kin of COVID-19 deceased

ANI | Updated: Aug 16, 2021 18:05 IST


New Delhi [India], August 16 (ANI): The Supreme Court of India on Monday granted four weeks more time to the Union of India (UOI) to frame the guidelines on ex-gratia assistance and compensation to the families of people who died due to COVID 19.
A division bench of the Apex Court, headed by Justice Dhananjaya Y Chandrachud, and comprising Justice M R Shah directed the Centre to submit any action report on the other guidelines as referred to in the earlier judgment authored by Justice Shah, and comprising of Justice (Now Retired) Ashok Bhushan, on June 30 this year.
The Central Government had filed an application before the apex court seeking extension of time to comply with the earlier judgment pronounced by Justice (Now Retired) Bhushan in the petitions filed by lawyers, seeking ex Gratia compensation for those family members, who died due to COVID 19 pandemic.
"An extension of four weeks is being granted for framing of guidelines as directed in the judgment of June 30, 2021, with regards to other guidelines an action is taken report may be submitted except for 16(1)," the bench said today.
The Supreme Court had in its judgment on June 30, directed the Union of India (UOI) to frame guidelines to pay ex gratia compensation to the families of those who died due to Covid 19.
A three-judge bench of the Apex Court, headed by Justice (Retired now) Ashok Bhushan, in its judgment, had on June 30, 2021, directed the National Disaster Management Authority (NDMA) to ascertain within six weeks whether the ex-gratia amount can be paid to the family members of those who died due to Covid-19.
The Apex Court also had said in its judgment that the NDMA, is statutorily mandated to provide the minimum amount of relief, including ex-gratia amount of compensation to the Covid victims.
If it (NDMA) fails in not providing ex-gratia amount of compensation, then the NDMA has failed in discharging its statutory duty, the Apex Court said in its judgment.
The Top Court had passed the judgment on June 30, 2021, after hearing the petitions filed by two lawyers, Gaurav Bansal and Deepak Kansal.
The lawyer duo had moved the Apex Court seeking direction to the authorities concerned, to provide ex gratia monetary compensation of Rs 4 lakh (notified in the financial aid) to the family members of the deceased, succumbed to Covid-19, as per MHA (Ministry of Home Affairs) letter in view of Section 12 of The Disaster Management Act, 2005.
The petitioners, in their pleas had sought immediate appropriate directions to the concerned authorities to pay financial help as laid down by the Central government in its statute and rules to the family members of the deceased, who succumbed to Covid-19 pandemic.
The petitioners had said that "it is the right of the family members to know the real cause of death of their family member/relative on any official document," and he cited the ground that "the medical officers have not been conducting post mortem of the persons who are dying due to COVID-19."
The petitioners have approached the Supreme Court seeking directions to the respondent States to issue death certificates/ any letter to the families of deceased stating therein cause of death.
The petitions said that keeping in view the spread of Covid-19 virus in India and the declaration of Covid- 19, as a pandemic by World Health Organization (WHO), by way of special onetime dispensation, it has been decided to treat it as notified disaster for the purpose of providing assistance under SDRF (State Disaster Response Force). (ANI)

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