NEW DELHI: The Supreme Court directed the National Disaster Management Authority (NDMA) to frame guidelines for granting ex gratia compensation to kin of those who died of COVID-19.
The Supreme Court order came after it heard pleas seeking Rs 4 lakh be paid as compensation to families of those who died of COVID-19.
A bench of Justices Ashok Bhushan and M.R. Shah had reserved their verdict in the matter on June 21 after hearing arguments from the Centre and lawyers of the petitioners.
The Supreme Court bench directed that guidelines be framed within six weeks to fix compensation "as per minimum standards of relief", Bar and Bench reported. The Supreme Court was quoted by Bar and Bench as saying, "ex gratia compensation will have financial implications on relief to be provided to the ones who are affected by the disaster. Centre policy is based on a number of factors etc; thus its not proper for this court to direct a particular amount of compensation". Live Law quoted the Supreme Court as saying, " No country has unlimited resources. Dispensation of the same is based on a number of circumstances, facts, law..."
The Supreme Court pulled up the Centre, by noting that the national authority had failed to perform its duty under Section 12 of the Disaster Management Act. "Pertinently, the top court held that that the mandate under Section 12 of the Disaster Management Act to lay down guidelines for minimum standards of relief including payment of ex gratia assistance, is mandatory and not discretionary. In failing to do so, the National Authority has failed to perform its job under section 12 of the act, the Court ruled," Bar and Bench reported.
The Centre had earlier informed the Supreme Court that compensation of Rs 4 lakh cannot be paid to the families of those who have died of COVID-19 as the finances of state governments and the Centre were under severe strain.
In an affidavit filed before the top court, the Ministry of Home Affairs said the Centre submitted that it has byways of "Minimum Standard Relief" under section 12 of the Disaster Management Act, 2005, taken several steps providing for substantial and speedy measures by way of, increase in the health, infrastructure, ensuring food safety to every citizen.
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