SC DIRECTED NDMA TO FRAME GUIDELINES WITHIN SIX WEEKS REGARDING COMPENSATION TO COVID 19 VICTIM

The Supreme Court recently held that Section 12 of the Disaster Management Act cast a statutory obligation on the National Disaster Management Authority to recommend a minimum ex-gratia relief for the national disaster victims.

The Apex Court, while rejecting the Union Government's argument that section 12 is not mandatory, noted that section 12 uses the word 'shall' and therefore it is mandatory. However, the Court said that it cannot direct the Government to pay a certain amount to the victims, as it is for the government to decide the amount.

The bench of Justices Ashok Bhushan and MR Shah was hearing a writ petition that sought directions to the state and central government to provide 4 lakh as ex-gratia to victims who died due to Covid 19 or due to post complication of Covid 19. The Petition also sought relief for a simplified process of issuance of death certificates due to Covid 19.

The SC bench directed the National authority to frame guidelines regarding providing ex-gratia to Covid 19 victims within six weeks. However, the bench opposed the plea of 4 lakh as compensation for Covid 19 victims while acknowledging that the ex-gratia compensation will create a financial burden on the government.

Author: Papiha Ghoshal