Ex gratia to kin of Covid victims: Supreme Court orders government to frame fresh norms

New Delhi: The Supreme Court on Wednesday directed the National Disaster Management Authority to issue fresh guidelines for providing minimum standards of financial help to families of those who lost their lives due to Covid-19.

A special bench of Justices Ashok Bhushan and M R Shah said the court cannot direct the Centre to fix a particular amount of financial help but the government can fix the minimum standard of amount to be paid as ex gratia to family members of those who lost their lives due to Covid-19 while keeping various aspects in mind.

The bench said the government can fix a reasonable amount while keeping in the mind the funds and resources available with the country.

The top court directed the Centre and the NDMA to issue fresh guidelines within six-week for minimum standard of relief to be granted to families of victims of Covid-19. It also directed the authorities to issue guidelines for simplifying the process of issuing death certificates for Covid-19 fatalities.

The top court asked the Centre to consider formulating an insurance scheme for cremation workers as proposed by the Finance Commission.

The bench also rejected the argument of the Centre for reading "shall" as "may" in section 12 of the Disaster Management Act for grant of ex gratia amount to victims of disaster and said that the NDMA has failed to perform its statutory duties.

The top court's verdict came on two separate pleas filed by lawyers Reepak Kansal and Gaurav Kumar Bansal seeking directions to the Centre and the states to provide Rs 4 lakh compensation to the families of coronavirus victims as provisioned under the Act.