COVID Death Compensation : Supreme Court Directs States To Appoint Nodal Officers To Reach Out To Kin Of Deceased

"We also direct the concerned State Govt. to appoint a dedicated officer not below the rank of Deputy Secretary in the Chief Minister's Secretariat as a nodal officer, who should be in constant touch with the Member Secretary of the State Legal Services Authority, so that the Member Secretary of the State Legal Services Authority may coordinate with him and see to it that applications are received from the eligible persons. Endeavour of Legal Services Authorities would be to reach those victims who have not yet approached for whatever reason."

A Bench comprising Justices M.R. Shah and B.V. Nagarathna was hearing the matter regarding the disbursal of ex-gratia compensation for COVID-19 deaths. The Bench was displeased to note that as per information received from the State Legal Services Authorities, none of the State Governments have provided the requisite particulars, but only the statistics which do not reflect the ground realities. Vide its order dated 19.01.2022, the Bench had directed the States to share particulars with respect to the COVID-19 deaths registered with it and the particulars of the application received and disbursals made along with the particulars uploaded in the Bal Swaraj Portal.

"We have got the information from the State Legal Services Authorities, including Gujarat Legal Services Authority, no State has given any particulars, only statistics have been given. We had directed that full particulars have to be given, including details of the orphans also."

Senior Advocate, Ms. Manisha Lavkumar appearing on behalf of the State of Gujarat submitted that she had been informed that all the particulars were shared with the concerned authority.

The Bench stated -

"Your information is incorrect, we got the information five minutes back. We have enquired from the Member Secretary that they have only received statistics - 'that these are the applications received and these are the applications granted'. Similarly, with respect to Bal Yojna (Bal Swaraj Portal) only statistics have been given…He said only one letter has been received yesterday."

Apologising for the same, Ms. Luvkumar assured the Bench that the particulars would be shared with the Gujarat Legal Services Authority during the course of the day.

The Bench noted -

"Despite our earlier order and direction requiring all State Governments to give full particulars of the deaths due to COVID-19 registered with their portal and the number of persons to whom the ex-gratia payment is made, it appears most of the States have given only statistics and no full particulars have been given.

[...]

Similarly the particulates with respect to orphans have also not been given."

It was emphasised that the object of the earlier order directing the State Government to share the particulars with the Legal Services Authorities was that at least the eligible claimants, as per the official record of the COVID-19 death, could be reached out to and be assisted in making applications to avail the benefit of the compensation.

"The object and purpose of our earlier order to give full particulars was that at least with respect to those cases registered with the State Government, if they have not approached the appropriate authority for compensation, the Legal Services Authority will reach to them and see to it that they make applications and act as a facilitator and as an ombudsman."

The Bench asserted that being a welfare State, the payment of ex-gratia compensation is not a charity, but the duty of the State Governments, which needs to be disbursed at the earliest. The Bench reiterated and directed the States to share full particulars with the State Legal Services Authorities within a week's time, cautioning that the failure to do so would entail serious consequences.

"We direct all the State Govt to give full particulars including name, address, death certificate to the concerned SLSA including the particulate with respect to orphans within a period of one week from today. Failing which, the matter shall be viewed very seriously."

The Bench directed the Member Secretary of the State Legal Services Authorities to take all measures to reach out to the eligible claimants through Secretaries, District Legal Services Authorities and paralegal volunteers and to ensure that they submit their claims.

"As and when such particulars are given on verification if the Member Secretary finds that out of the deaths registered, the kins/family members have yet not been given compensation, the Member Secretary of concerned Legal Services Authority to reach to them through the Secretary District Legal Services Authority/Secretary Taluka Legal Services Authority and through paralegal volunteers. Their function would be to facilitate those who could not approach for getting the compensation to make the application and to see to it that they get the compensation…Their role would be such as an ombudsman. If there is any difficulty found by the Member Secretary of the State Legal Services Authority he may approach the concerned person to be appointed as mentioned above...And all are directed to co-operate with the Member Secretary of the State Legal Services Authority in the above process."

[Case Title: Gaurav Bansal v. Union of India MA 1805 of 2021 in WP(C) No. 539 of 2021]

Click Here To Read/Download Order