Implementation Of Compensation Schemes To Families For Deaths Due To Oxygen Shortage: Delhi High Court Asks Centre, Delhi Govt To File Reply

The Delhi High Court on Thursday asked the Centre and the Delhi Government to file reply in the plea moved two minors, who lost their sole bread-earning parent to Covid-19 allegedly due to deficient supply of oxygen at Jaipur Golden Hospital seeking directions to expeditiously implement proposed schemes of compensation for the families of victims who lost their lives due to oxygen shortage in second Covid wave.

A single judge bench comprising of Justice Rekha Palli granted further three weeks time to both the Centre and Delhi Government to file their counter affidavits in the matter.

"Learned counsel respondent nos.1 & 5 also prays for and is granted further three weeks' time to file their counter affidavits. Rejoinder thereto, if any, be filed within one week thereafter." The Court directed.

"Though no counter affidavit has been filed, learned counsel respondent nos.1 & 5 prays for time to obtain instructions as to whether the immediate grievance of the petitioner for grant of compensation can be redressed expeditiously."

The matter will now be heard on 26 August.

Yasmin & Ruben Kataria, two minors, who had moved court through their mother Shalu Kataria, had also sought the announcement and expeditious implementation for schemes for fully-State-funded education for children like themselves, who are studying in private schools and have lost the sole bread earning member of the family due to shortage in oxygen supply, or due to Covid-19. They had therefore prayed for the government to ensure that there is no prejudice to their right to education on account of non-payment of school fees.

The plea has been moved through Advocates Bharat Malhotra and Siddhant Sethi.

Earlier, the vacation bench of Justice Amit Bansal had issued notices to all the respondents, including the Delhi and Central governments, the Delhi Commission for Protection of Child Rights (DCPCR), the National Commission for Protection of Child Rights (NCPCR), the Lieutenant Governor, Delhi, and the Air Force Golden Jubilee Institute.

The children state in their petition that they have been studying at the Air Force Golden Jubilee Institute since getting admission there in 2013 and 2019 respectively. After he tested positive for Covid-19, and his health condition started worsening, their father was admitted to the Jaipur Golden Hospital, on Apr 18, on the assurance of the best treatment and resources being available with the Private Healthcare Institute - to provide him advanced care required due to oxygen deficiency.

On Apr 24, due to the lack of supply of oxygen at the hospital, resulting in minimal oxygen support to the petitioners' father, his condition deteriorated and he passed away. The petition states that the Medical Director of Jaipur Golden Hospital, D.K. Baluja, also went on record to state that, "As many as 20 patients died on Friday night and more than 200 lives are currently at stake due to lack of oxygen at Delhi's Jaipur Golden Hospital in Rohini." On Apr 25, the petitioners also lost their grandmother.

The petitioners state that while it had come to their knowledge that several compensation schemes were being floated by the Delhi, the Centre, the DCPCR and the NCPCR to families like theirs, the same have not been implemented till date to the petitioners' knowledge.

They further go on to point out that though they have come to learn about the Centre's scheme for children orphaned due to Covid-19, wherein a corpus of Rs. 10 lakhs is set aside for each child whose interest they would receive as a stipend for 5 years once they turn 18 followed by the handing over of the principal amount, as well as fees for their education from a private school from the PM Cares Fund, no status of such scheme, or application process thereof, have been announced thereafter. Infact, the families have not even received any ex-gratia compensation amount till date.

Title: Yasmin Kataria & Anr v GNCTD & Ors

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