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In an affidavit filed at Supreme Court, the Central Government has proposed Rs 50,000 as Ex-gratia compensation for kin of covid deceased. The Centre has stated that the amount has to be distributed by states from the State Disaster Response Fund. 

The affidavit has been filed by Govind Mohan, Additional Secretary in the Ministry of Home Affairs, Government of India. It has been filed in furtherance to the Compliance Affidavit filed on behalf of the Union of India on September 8, 2021. 

Supreme Court in its judgment in Gaurav Kumar Bansal v.Union of India and others on June 30, issued direction to 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 and determine the amount of compensation payable thereto.

In compliance of this direction, the NDMA has prepared guidelines for ex-gratia assistance to next of kin of the deceased. 

As per the affidavit, "after broad consultation and deliberation with the key-stakeholders", NDMA was of view that for ex-gratia assistance related to Covid-19 different norms should be applied than the existing norms.

NDMA concluded that as the total number of deaths due to Covid-19 is still rising, therefore, it is not possible to ascertain the total final financial burden emanating from ex-gratia assistance. NDMA states that financial prudence demands that it plans in a manner that assistance can be provided to larger number of people should the number of deaths rise.

NDMA has stated that the state governments are already incurring large expenditures from State Disaster Response Funds(SDRF) on various aspects of Covid-19 and announced multiple welfare measure from state budgets.

In addition, the Central Government from the national budget has also announced several measures to prevent COVID-19 (nationwide vaccination drive) as well as to provide relief assistance to those affected by COVID-19, for example, support provided to the orphaned children, and PM Garib Kalyan Yojana Package etc.

Therefore, NDMA has recommended an amount of Rs. 50,000 per deceased person including those involved in relief operations or associated in preparedness activities, subject to cause of death being certified as COVID-19.

This ex-gratia assistance shall be provided by States from SDRF funds and the District Disaster Management Authority (DDMA)/ district administration would disburse the same. The DDMA will ensure that the process of claim, verification, sanction, and the final disbursement of ex-gratia payment will be through a robust yet simple and people-friendly procedure.

All claims will be settled within 30 days of submission of required documents and disbursed through Aadhaar linked Direct Benefit Transfer procedures.

Also, this Ex-Gratia assistance to families affected by COVID-19 deaths will continue to be provided for deaths that may occur in the future phases of the COVID-19 pandemic as well, or until further notification.

The case is listed for further hearing in Court today.

Case Title: Gaurav Kumar Bansal v.Union of India