Frame guidelines to give compensation for COVID deaths: SC

The second wave of COVID-19 hit the country hard and several people were affected by it. In this context, the Supreme Court asked the central government to frame guidelines within six weeks for giving ex gratia to family members of deceased people due to COVID-19.

A batch of writ petitions was filed in the apex court seeking directions to both the central and state governments to provide ex gratia compensation to the families of people who lost their lives due to the pandemic. They sought ex gratia compensation of ₹4 lakhs under the Disaster Management Act (DMA).

However, the government said that it is not possible to pay ₹4 lakhs to the family of every person who died of COVID-19. It will increase the burden on the government as COVID-19 caused over 3.85 lakh deaths.

The government added that the compensation as per the Disaster Management Law applies only to natural disasters like floods or earthquakes. Besides, it also said that the DMA does not mandate the government to frame guidelines for compensation as the term ‘shall’ in section 12 of the DMA be read as ‘may’.

But, the Court rejected the government’s argument stating that the law language used in the provision was clear and plain. It also differed from the opinion of the government saying that the pandemic has already disrupted the economy. In that case, how would mandating ex gratia exceed the financial affordability of the government, asks the Court.

Hence, the Supreme Court directed the government to frame the guidelines for ex gratia compensation to the family of every person who died of COVID-19.

The Court, however, declined to specify the amount of compensation to be offered to the victims. It directed the government to announce the financial package as per the available resources.

Meanwhile, some states like Madhya Pradesh announced a compensation of ₹ 1 lakh to the family of every person who died due to COVID-19. The Delhi government also announced ₹5 lakhs to the families of deceased patients who died due to oxygen shortage.

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