Anadi Tewari
A Public Interest Litigation has been moved before the Supreme Court seeking directions from the top Court to the concerned respondent authorities to grant ex-gratia compensation of Rs. 4,00,000/- to those families whose members have died due to COVID-19.
The plea has relied on Section 12 of the Disaster Management Act, 2005 for the issuance of such directions.
Section 12 goes on to provide that:
Guidelines for minimum standards of relief – The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include:
(i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
(ii) the special provisions to be made for widows and orphans;
(iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood;
(iv) such other relief as may be necessary.
The letter petition moved by one Advocate Reepak Kansal through Advocate Harisha S.R. sought immediate directions to the respondent authorities to grant compensation to the concerned families whose member has died due to COVID-19.
The plea prays before the Court to issue directions to the respondent authorities to issue an official document stating the cause of the death of the people who have died during this pandemic.
“It is every family’s right to know the real cause of death of their members on any official document, the petition stated.
The petitioner has argued that the medical officers are not conducting the requisite postmortem on people who have died due to the COVID-19 virus.
The plea has stated that this COVID-19 pandemic is a ‘notified disaster’ and therefore it is the duty as well as an obligation on the State to provide requisite compensation to the family members of the deceased person under the State Disaster Response Fund (SDRF).