New Delhi: The Supreme Court's vacation bench reserved its judgment on petitions seeking direction to authorities concerned, to provide ex gratia of Rs 4 lakhs to the family members of people who succumbed to Covid. The Court has completed the hearing in the case.
Senior advocate SB Upadhyay, appearing for the petitioner contended that financial constraints cited by the government in its affidavit cannot be the reason for not abiding by the provisions of compensation under the Disaster Management Act.
In response, the Centre said the pandemic is a recurring phenomenon, not a disaster which can be given ex gratia for. Upadhyay said ex-gratia is given for disasters like flood and cyclones which are recurring and the Centre had called it a disaster.
Solicitor General Tushar Mehta said the financial burden has worsened over various relief measures taken to tackle the pandemic.
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Court also told the centre that its policy on issuing death certificates is very complicated and the common people for whom the scheme is formulated might just get "frustrated".
"Can't it be said that a person who tests positive and admitted to hospital is considered to have died due to covid," asked the court. It observed that many issues like cardiac arrest, multiple organ failure occur after covid.
It pointed out that there is no mechanism for those who have already been given a death certificate with the wrong reason and now wants to get it rectified.
SG had submitted before the court that the guidelines have been made considering wider issues like black marketing. To this court responded saying that the plight of the people has to be considered. The court directed the parties to file written submissions within three days and adjourned the matter.
The petition cited the decision to regard Covid-19 as a notified disaster in order to seek assistance under State Disaster Response Fund (SDRF). The petitioner had also claimed a letter from Ministry of Home Affairs enlisting revised norms of assistance from SDRF and National Disaster Response Fund (NDRF) and recommended compensation of Rs 4 lakhs for people who died of Covid-19. The petitioner also sought directions to the State Governments to ensure the welfare of those hit by calamities.
