SC Reserves Judgement On Ex-Gratia Compensation For Covid Victims Case

WHAT DID THE COURT SAY

• Several pleas had been filed before the Supreme Court seeking ex-gratia compensation of Rupees 4 Lakhs for COVID victims.
• The Bench of Justice M R Shah and Justice Ashok Bhushan have heard the matter.
• The Bench noted that every disaster was not to be judged on the same scale.
• The Bench also brought up the matter regarding the issuance of the death certificates.
• It was observed that the ground reality was different and it was difficult for a person to get help.

ARGUMENTS OF THE PETITIONER

• The petitioner, Reepak Kansal, was represented by Senior Advocate S B Upadhayay.
• It was contended that financial constraint cannot be a ground for shirking a constitutional duty.
• The case of Swaraj Abhiyan v. Union of India [(2016) 7 SCC 498] was referred to, where it was held that fiscal difficulty cannot be a valid argument to refute a statutory duty.

ARGUMENTS OF THE RESPONDENT

• The Union of India was represented by Solicitor General Tushar Mehta.
• He stated that the allocation of funds takes place with application of mind.
• The aim of the Disaster Management Act was to prevent and mitigate disasters.
• The contribution to the NDMA and the SDMA was done by the Finance Commission.

BACKGROUND

• The Union Government had told the Supreme Court that it was not feasible to provide ex-gratia compensation to all COVID 19 victims.
• There was fiscal strain due to fall in tax revenue and increased expenditure on healthcare facilities.
• If the family of every deceased person was\s to be given a compensation of Rupees 4 Lakhs, the whole of the State Disaster Relief Fund would be exhausted.
• The Central Government had been directed to produce records of guidelines pertaining to death certificates issued to COVID-19 patients.

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