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The Supreme Court has today allowed 4 weeks time to the Central government to frame guidelines on ex-gratia assistance to the families of people who died due to COVID 19.

A division bench of Justice DY Chandrachud and Justice MR Shah while allowing 4 weeks time to frame guidelines, directed Centre to submit any action report on the other guidelines as referred in the earlier judgment authored by Justice Shah.

The application has been filed by Central Government seeking extension of time to comply with the Judgment pronounced in the Plea Seeking Ex Gratia Compensation For Families affected with COVID 19 pandemic, stating that word occurring under Section 12 NDMA, be read as “shall” and not “may” as that would defeat the entire objective of the Act.

The court had then directed the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19, as mandated under Section 12(iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster – Covid 19 Pandemic, over and above the guidelines already recommended for the minimum standards of relief to be provided to persons affected by Covid-19."

The bench while allowing the requests made noted, "An extension of 4 weeks is being granted for framing of guidelines as directed in judgement dated 30th June 2021, with regards to other guidelines an ction taken report may be submitted except for 16(1)."

Background:

Supreme Court has said that the compensation for families affected with COVID 19 pandemic viz. the words under Section 12 NDMA, be read as “shall” and not “may” as that would defeat the entire objective of the Act.

“The word used in section 12 of NDMA Act shall be used as shall and is a mandatory one”, Court said.

Six weeks time had been granted to the NDMA to determine the amount which can be paid to the families of each victim.

“We dispose of the petition with following directions:

1. Guidelines already recommended for min standard of relief to be given. The amount to be given would be decided by taken into account various factors.

2. The same to be formulated within 6 weeks from today

3. Guidelines will also be prepared with regards to the issuance of death certificate.

4. UOI shall take steps by taking into consideration the recommendations made by the finance commission in its 16th report with regards to insurance scheme”, the bench further added.

Case Title: Gaurav Kumar Bansal Vs. Union of India