Compensation For COVID Deaths: Supreme Court Grants Centre 4 Weeks Time Extension To Frame Guidelines

The Supreme Court on Monday granted four weeks time to the Centre to frame guidelines making recommendations for payment of ex-gratia assistance to dependents of those who succumbed to COVID-19.

A Division Bench comprising Justice DY Chandrachud and Justice MR Shah was hearing a plea by Union of India seeking a 4 weeks extension of time for National Disaster Management Authority to frame guidelines in pursuance of Supreme Court's order.

During the hearing, the Bench asked Additional Solicitor General Aishwarya Bhati  whether the other directions as given by the Court in the order been complied with.

In response to ASG Bhati's request for time to seek instructions in that regard, the Bench while granting time, asked the Union of India to place on record an affidavit mentioning the steps taken to issue the other guidelines as directed by the Court's judgement dated June 30th.

The affidavit referred to here has to be filed with regards to compliance with the following directions issued by the Apex Court:

• Simplified guidelines to be framed for issuance of death certificates/ official documents stating the exact cause of death - that is death due to COVID 19.

• Appropriate steps to be taken by Union of India on the recommendations made by the Finance Commission in its XVth Finance Commission Report in consultation with other stakeholders and experts.

The Union of India filed the present application before the top court seeking an extension to enable the National Disaster Management Authority to come out with comprehensive and robust guidelines.

The Centre submitted that the exercise to frame appropriate guidelines for ex-gratia payment to victims of Covid-19 disaster is in an active and advanced stage, and requires a little more in-depth examination before the same is finalised and implemented.

"Any accelerated formulation may result to undesirable results" the application stated.

The Supreme Court through its judgement on 30th June 2021 had granted six weeks time to National Disaster Management Authority to frame guidelines for ex- gratia assistance on account of loss of life to the family members of persons who died due to Covid-19, according to the mandate of Section 12(iii) of Disaster Management Act 2005.

A bench comprising Justices Ashok Bhushan and MR Shah had delivered the judgment in the cases Gaurav Kumar Bansal vs Union of India and Reepak Kansal vs Union of India and Others.

The petitioners, in their writ petitions filed before the Supreme Court, had sought directions to the Centre & States to provide ex-gratia compensation of Rs. 4 lakh to the family members of those who have succumbed to the COVID-19 disease and post COVID-19 complications. The petitioners also sought relief regarding simplification of the process for issuance of death certificates of persons who lost lives due to COVID.

So, the Centre sought further time of four weeks in addition to the six weeks period granted by the Supreme Court on June 30.

Case Title: Gaurav Kumar Bansal vs Union of India

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