SC grants 4 more weeks to Centre to frame guidelines on compensation for Covid deaths

Read Order: Gaurav Kumar Bansal v. Union Of India & Ors

LE Staff

New Delhi, August 17, 2021: The Supreme Court has granted an extension of four weeks to the Central government to frame guidelines for ex gratia assistance to the family members of the persons who died due to Covid-19, in compliance with its judgement given earlier this year.

The Bench of Justice D Y Chandrachud and Justice M R Shah also directed the Union government to place on the record an affidavit setting out the compliance which has been effected in respect of the other guidelines of its judgement dated June 30, 2021 (Gaurav Kumar Bansal and Others v. Union of India and others), except those mentioned in Para 16(1) of the judgement for which the extension of time has been granted.

As per Para 16(1) of the June 30 judgement, the apex court had directed the National Disaster Management Authority (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 the Disaster Management Act (DMA) 2005 for the minimum standards of relief to be provided to the persons affected by the Covid 19 pandemic.

“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 (June 30),” a bench of Justice ashok Bhushan and justice M R Shah had said.

The matter has now been listed for further hearing on September 3, 2021, when the Centre has been directed to file the affidavit for verification of compliance of the top court’s order of June 30.