Plea In Supreme Court Seeks Ex Gratia Monetary Or Notified Compensation To The Families Of Deceased Succumbed To CoVID

  • Shruti Kakkar
  • 04:00 PM, 16 May 2021

A plea has been filed in Supreme Court seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the pandemic of COVID-19 in view of  Section 12 of The Disaster Management Act, 2005. 

As per Art. 38. 1[(1)] of the Constitution of India, the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of national life. There is a constitutional and legal obligation on the State and its different organs to take care of victims of the calamity and their family members, in the position of a guardian or parent of the people of the society.”, the plea states  

It has been argued that it is an obligation of the State to provide adequate relief to the victims of notified disasters and their family members. 

The plea preferred by Advocate Reepak Kansal & filed through Advocate on Record Harisha SR states that failure on part of the government to provide ex gratia monetary compensation to families of deceased who have succumbed to CoVID 19 pandemic as per the MHA letter No.32-7/2014-NDM-1 dated 08.04.2015 issued by Ministry of Home Affairs, Government of India, in view of Section 12 of The Disaster Management Act, 2005 has infringed their right to live with dignity. 

The petitioner has also averred that medical officers/hospitals are not conducting post mortem of the persons dying due to CoVID 19 & since it is the right of the family members to know the real cause of death of their family member/ relative, it is necessary to issue a certificate stating cause of death to the families of deceased.

In light of the above, the plea along with seeking ex gratia monetary or notified compensation also seeks for issuance of a writ of mandamus directing the State Governments to fulfill their obligation of taking care of victims of the calamity & their family members & issuing any official document stating  cause of death, to the family members of deceased who died due to COVID-19.