NDMA Should Issue Guidelines For Compensation To The Kin Of Those Who Succumbed To COVID-19: Supreme Court

Supreme Court of India
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New Delhi, 30th June 2021: On Wednesday, a three-judge bench headed by Justice Ashok Bhushan gave its verdict on the matter seeking compensation for the kin of those who died due to Covid-19. The Supreme Court directed the National Disaster Management Tribunal (NDMA) to issue guidelines for financial assistance to the families of those who lost their lives due to COVID-19. The court said that the kin of those who lost their lives due to COVID-19 are entitled to compensation.

NDMA has been given a six week time and has been asked to give instructions to the states in this regard. The court said it is the statutory duty of the NDMA to fix the compensation in the case and that it is the job of the government to fix the amount as it has many other necessary expenses. Apart from this, the court also asked that the process for the death certificate should be made easier.

Earlier, on behalf of the Union Home Ministry, the court was informed that it is not possible to give a compensation of Rs 4 lakh as the government has limited resources. The ministry had said that if such compensation amount is given, then the disaster relief fund of the government will be emptied. Thus, impacting other relief operations and decisions. The government had filed an affidavit in the court stating that the use of scarce resources for compensation, measures against the pandemic and in other cases, could affect health expenditure.

The Supreme Court gave this order on the petitions filed by Advocate Gaurav Kumar Bansal and Reepak Kansal. Bansal had cited section 12 (iii) of the Disaster Management Act (DMA) and sought compensation. It said that the national tribunal should recommend guidelines for minimum parameters of relief, including compensation, to the people affected by the disaster.

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