Courts Update SC hears plea seeking compensation for families of COVID-19...

SC hears plea seeking compensation for families of COVID-19 deceased

-

New Delhi, May 24 (ILNS) The Supreme Court today heard a plea, seeking ex-gratia monetary compensation of Rs four lakh or notified ex-gratia monetary compensation to the families of deceased, who have succumbed to the COVID-19 pandemic

Senior Advocate SB Upadhyay appeared for the petitioner before the Bench headed by Justice Ashok Bhushan.

He submitted, “We are seeking that giving effect to Section 12, a certificate needs to be issued that death is due to COVID-19… there are cases, where the bodies are being taken from mortuary to cremation ground. There needs to be a certificate.

“There is a letter of March 14, 2020, which says to give benefit under the NDMA Act, the disaster has to be natural one. COVID was notified as a disaster,” he added.

Thereafter, the Bench sought reply from the Centre in this regard and ordered Additional Solicitor General (ASG) Aishwarya Bhati, who was appearing on behalf of the Centre, to file an affidavit till June 11.

Justice Shah observed, “Is there a uniform policy on death certificates, as there are many situations, where reason is not given as COVID-19. The States say they follow ICMR guidelines, produce the guidelines about the death certificates in your affidavit.”

Justice Shah also added that it is not fair for the family as reason for death is often a different one, when the cause of death is actually Novel Coronavirus.

Many times, it happens that Covid patients develop different problems like heart attack or lung infection and die due to that problem, but that problem happens because of COVID-19 and that is not reflected in the death certificate. Therefore, exact reasons must be reflected in the death certificate.

The plea sought an intervention of the Supreme Court to provide ex-gratia monetary compensation of Rs four lakh/notified ex-gratia monetary compensation to the families of deceased, who have succumbed to the pandemic, as per MHA letter No 32-7/2014-NDM-1 dated April 8, 2015 issued by the Ministry of Home Affairs, Government of India, in view of Section 12 of The Disaster Management Act, 2005.

The plea submitted, “It is right of the family members to know the real cause of death of their family member/ relative on any official document.”

The plea further sought directions to the States to issue death certificates/ any letter to the families of deceased, stating therein the cause of death. The medical officers have not been conducting post mortem of the persons, who are dying due to COVID-19.

“The Centre issued a revised list and norms of assistance from the State Disaster Response Fund (SDRF) and the National Disaster Response Fund (NDRF) vide MHA letter No 32-7/2014-NDM-1 dated April 8, 2015 and recommended ex-gratia compensation of Rs four lakh per deceased person, including those involved in relief operation and associate in preparedness activities subject to certification, regarding cause of death from appropriate authority.

“The Centre has notified the Novel Coronavirus as a national disaster vide letter bearing No 33-4/2020-NDM-I dated March 14, 2020 and declared COVID-19 as a notified disaster,” the plea read.

The plea further sought, “As per Section 12 of the Disaster Management Act, 2005, the National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include ex-gratia assistance on account of loss of life.”

Section 12 in the Disaster Management Act, 2005 states guidelines for minimum standards of relief. The National Authority shall recommended guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include:

(i) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood. ILNS/ABV/RJ

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Delhi HC expresses displeasure over prolonged sealing of Nizamuddin Markaz as center cites trans-border implication for opening it

New Delhi Sept 14(ILNS): The Ministry of Home Affairs, on Monday, filed an affidavit before the Delhi...

Delhi HC adjourns Mehbooba Mufti PMLA hearing to Sept 30, Centre to seek transfer of case to SC

New Delhi Sept 14 (ILNS) The Delhi High Court today adjourned its hearing in the plea of...

Supreme Court says Nagaraj judgment already decided policy for determining backwardness, no need to revisit it again

New Delhi Sept 14(ILNS): The Supreme Court today said it is not going to decide again policy,...

Khori Gaon: Faridabad municipal corporation assures Supreme Court of completing rehabilitation by April 30, 2022

New Delhi Sept 14(ILNS): The Supreme Court today heard a plea seeking rehabilitation for the Jhuggi dwellers...

Allahabad High Court refuses to intervene in PIL seeking stay on demolition of small temples in Vindhyachal temple corridor

Allahabad Sept 14(ILNS): The Allahabad High Court on Monday, refused to intervene on a PIL seeking a...

Supreme Court says life imprisonment means rigorous imprisonment for life, dismisses SLP

New Delhi Sept 14(ILNS): The Supreme Court has held that the sentence of life imprisonment has to...

Must read

You might also likeRELATED
Recommended to you