'Black Fungus Can't Be Considered As Pandemic', Rajasthan HC Disposes PIL Seeking Compensation To Next Kin Of Deceased Died Due To Covid & Black Fungus

Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, while refusing to give any direction on the plea, observed:

"An issue of providing compensation for victims Black-Fungus infective virus has also been raised. On this count we do not think that we have to pass any order at this stage because such kind of infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic."

In this matter, a public interest litigation has been filed by one Tanay Jain seeking issuance of directions for payment of ex-gratia compensation to those who lost their family members due to Covid-19 pandemic.

The petitioner also sought direction to the government to provide similar relief to those who have been found to be suffering from Black-Fungus on the ground that infection is wide-spread and people have lost their lives.

The court directed all the authorities, including the State and Union, for payment of ex-gratia compensation in cases where death has taken place due of Covid-19 pandemic. In this regard, reliance was placed by the court in Apex Court's decision in Gaurav Bansal v. Union of India LL 2021 SC 536.

In Gaurav Bansal, a bench of Apex Court comprising Justices MR Shah and AS Bopanna passed the order while approving the guidelines issued by the National Disaster Management Authority for grant of compensation in COVID death cases.

The Apex Court also said that the next kin of the deceased shall be paid an amount of Rs 50,000 from the State Disaster Response Funds and it will be over and above the amounts paid by centre and state under various benevolent schemes. Such amount will be disbursed within 30 days of submitting application and cause of death being certified as of COVID19.

The Apex court has also directed the publication of the details of the district level authorities and grievance redressal committee in the media.

Also Read: States Should Not Deny Ex-Gratia For COVID Deaths On Ground That Death Certificate Does Not Mention COVID As Cause Of Death : Supreme Court

Adv. Dikshant Jain appeared on behalf of the petitioner, whereas AG M.S. Singhvi, Adv. Sidhant Jain, Adv. Sheetanshu Sharma, ASG R.D. Rastogi, Adv. Akshay Bhardwaj appeared on behalf of the respondents.

Case Title: Tanay Jain v. Union of India and Ors.

Citation: 2022 LiveLaw (Raj) 52