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Plea Before Supreme Court Seeks Ex Gratia Monetary Compensation Of 4 Lakhs For Families Of Those Who Succumbed To COVID-19
Radhika Roy
15 May 2021 8:40 PM IST
A plea has been filed before the Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the COVID-19 pandemic.Submitting that Section 12 of the Disaster Management Act, 2005, states that the National Authority shall recommend guidelines for minimum standards of relief to be provided...
A plea has been filed before the Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the COVID-19 pandemic.
Submitting that Section 12 of the Disaster Management Act, 2005, states that the National Authority shall recommend guidelines for minimum standards of relief to be provided to persons affected by disaster, which shall include ex gratia assistance on account of loss of life, the plea prays for monetary compensation of Rs 4 lacs to the families of the deceased.
The petition, filed by Advocate Harisha SR on behalf of Advocate Reepak Kansal, further states that it is the right of the family members to know the real cause of death of their family member on any official document, and has therefore approached the Top Court seeking directions to States to issue death certificates/any letter to the families of the deceases stating the cause of death.
The aforementioned prayer gains relevance as, the plea submits, medical officers/hospitals are not conducting post mortem of persons who are dying due to COVID-19, and that the certificate would be necessary to get the assistance and monetary compensation.
The plea concludes on the note that not only is it the legal obligation of the State to provide adequate relief to the victims of COVID-19 and their family members under State Disaster Response Fund (SDRF) as it is a "notified disaster", but it is also the Constitutional obligation of the State to take care of the victims of the calamity and their families.
The petition, filed by Advocate Harisha SR on behalf of Advocate Reepak Kansal, further states that it is the right of the family members to know the real cause of death of their family member on any official document, and has therefore approached the Top Court seeking directions to States to issue death certificates/any letter to the families of the deceases stating the cause of death.
The aforementioned prayer gains relevance as, the plea submits, medical officers/hospitals are not conducting post mortem of persons who are dying due to COVID-19, and that the certificate would be necessary to get the assistance and monetary compensation.
The plea concludes on the note that not only is it the legal obligation of the State to provide adequate relief to the victims of COVID-19 and their family members under State Disaster Response Fund (SDRF) as it is a "notified disaster", but it is also the Constitutional obligation of the State to take care of the victims of the calamity and their families.
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