The Apex Court directed the National Disaster Management Authority (NDMA) to frame guidelines for recommending minimum ex-gratia assistance to the COVID-19 victims.
The bench held that its NDMA’s statutory obligation, under Section 12 of the Disaster Management Act, to recommend minimum relief for the victims of a national disaster, like the pandemic. The bench, however, clarified that the minimum relief would be inclusive of “ex-gratia assistance.”
In the instant case, the petitioners filed writ petitions and sought directions for Centre and the States to provide ex-gratia compensation of Rs. 4 lakh to the family members of those who’ve succumbed to the pandemic and the ones suffering post-COVID complications.
The petitioners also sought for a relief w.r.t. to the simplification of process of issuing death certificates of those who have lost lives during the pandemic. The bench delivered its judgment in affirmation in the cases of Gaurav Kumar Bansal v UOI and Reepak Kansal v UOI & Ors.
The Union government argued that Section 12 was not a mandatory provision as it interpreted the word “shall” as “may.” The bench rejected Union’s contention and noted that usage of “shall” denotes a provision to be mandatory.
The Union also putforth that though unfortunate, but true that government has limited resources and additional burden through ex-gratia might reduce the funds available for other health as well as welfare schemes.
In the judgment, the bench also held that NDMA failed to discharge its duty to by not recommending ex-gratia assistance. The bench stated that the NDMA failed to discharge its functions under Section 12 which was to provide for minimum standards of relief for the victims.
However, the bench stated that it cannot direct Central Government to pay a specific amount as compensation and thus, directed NDMA to frame guidelines regarding ex-gratia assistance within six weeks.
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