New Delhi, Jun 30 (ILNS) The Supreme Court today issued notice in a plea seeking ex gratia monetary compensation to the families of deceased who have succumbed to the side effect / post COVID-19 decease i.e. black, yellow, white fungus.
The bench comprising Justices Ashok Bhushan, Vineet Saran and M.R. Shah has also directed the central government to file its reply in this matter.
The plea states that a majority of patient with mucormycosis, or black, yellow & white fungus etc are those who have recovered from COVID 19. The treatment of COVID 19 leads to a weaken immune system, preventing the body from effectively preventing against infection. As a result, individuals recovering from COVID 19 are at risk for mucormycosis, or black, yellow or white fungus. The COVID 19 suppresses the immune system, so the immune system cannot clear other bacteria or fungi.
“That the Steroid treatments for COVID 19 is also act to suppress the body’s immune response, contributing to these increased mucormycosis/ fungi infection,” the plea stated.
There are several States which have also notified the mucormycosis or black fungus as notified disease under ‘The Epidemic Diseases Act, 1897’.
The plea also stated that, “The entire benefits / ex—gratia compensation under section 12 Disaster Management Act, 2005 for patients of COVID 19 may also be extended to the patients of post COVID 19 disease i.e. black fungus, yellow fungus and white fungus etc.”
In another petition filed by the petitioner seeking exgratia amount of Rs 4 lac to the family of those people who succumbed to Covid 19, today the bench headed by Justice Ashok Bhushan has pronounced their verdict and directed National Disaster Management Authority to frame the guidelines for fixing the ex-gratia meant for these families within six weeks. The Court has also said that “The National Authority (NDMA) has failed to perform its duty.”
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 (iii) of the Disaster Management Act, 2005 is reproduced as under:
Section 12 in the Disaster Management Act, 2005
12 Guidelines for minimum standards of relief. 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 as also assistance on account of damage to houses and for restoration of means of livelihood. ILNS/ABV/KR/SNG