Delhi High Court Asks Centre To Consider As Representation Plea For Compensation To Families Of Indian Citizens Who Died Abroad Due To COVID19

The Delhi High Court today directed the Central Government to consider as representation, a petition seeking payment of ex-gratia compensation to Indian citizens who died abroad due to COVID19.

The order was passed by a Division bench of Chief Justice DN Patel and Justice Jyoti Singh in a petition filed by Pravasi Legal Cell, after its counsel sought permission to make a fresh representation before the concerned authorities in view of the direction issued by the Supreme Court to the National Disaster Management Authority.

"There is a duty cast on the national authority to prescribe minimum standards of relief..." the Top Court had said in the case of Reepak Kansal v. Union of India for payment of compensation to the family members of those who have succumbed to the COVID-19 disease and post COVID19 complications.

In this backdrop, Advocate MP Srivignesh sought the liberty to file a fresh representation before the authorities.

In its plea, the Petitioner had sought a direction to the Indian Missions abroad to collect and maintain proper data of those Indian citizens who died abroad due to Covid-19. It was prayed that the Central Government should extend the welfare scheme, proposed to compensate victims of Covid-19 in India, to those citizens living abroad. It was also urged that the Government should include such India children, who have lost both parents or surviving parent or legal guardian/adoptive parents due to Covid-19 abroad, under the 'PM-CARES for Children scheme'.

"Indian Migrants in destination countries are the worst effected groups due to pandemic as most of them have either lost their jobs or their salary has been reduced. The fundamental rights that are guaranteed to all citizens are not extinguished when the person travels or lives abroad. So it is important to include the Indian Migrants who are residing abroad who lost their life due to Pandemic as a beneficiary for exgratia claims," stated the plea.

On a request made by the Petitioner, the Court ordered:

"The Respondents are directed to consider this writ petition as a representation in accordance with the law, rules, regulations and Government policies applicable to the subject matter."

Case Title: Pravasi Legal Cell v. Union of India