No state should deny Rs 50,000 ex-gratia to kin of those who lost lives to Covid-19: SC

The apex court also ordered the states and the Centre to give wide publicity to the scheme in the media

The Supreme Court on Monday declared that no State would deny the ex-gratia assistance of Rs 50,000 to the the kin of the Covid-19 victims solely on the ground that the certificate did not mention the viral disease as the cause of death.

A bench of Justices M R Shah and A S Bopanna directed the District Disaster Management Authority and District Administration and others to "to avoid any technicalities and act as a helping hand, so as to wipe off the tears of those who have suffered due to loss of a family member due to Covid-19".

The court approved the Union government's proposal of paying Rs 50,000 to the next of kin of those who died Covid-19 here.

It said, "No state shall deny the Rs 50,000 benefit on the ground that cause of death in death certificate is not Covid-19. The district authorities will take remedial steps to have the cause of death corrected.”

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If the death certificate does not cite the cause of death as Covid-19, then aggrieved parties may approach the concerned officials of the district committee consisting of Additional District Collector, Chief Medical Officer of Health (CMOH), Additional CMOH/Principal or HOD Medicine of a Medical College (if one existing in the district) and a subject expert, who shall take remedial measures, it added.

Giving a slew of directions, the top court also said a family member of the person who committed suicide within 30 days from being diagnosed as Covid-19 positive would also be entitled to avail the financial help or ex-gratia assistance of Rs 50,000 as granted under the State Disaster Relief Fund in accordance with the guidelines issued on September 11, 2021 issued under DMA, 2005.

The court said that the ex gratia amount determined by the National Disaster Management Authority would be paid within 30 days and the sum would be over and above the other compensation paid by the Centre or States under different schemes.

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It also directed the details of authority to decide the applications for ex gratia payment should be published in print and electronic media within one week to help the victims families to approach them for the purpose.

The court also ordered the National Disaster Management Authority, Ministry of Health and Family Welfare, to issue guidelines for States and Union Territories incorporating the "binding" directions issued by it.

The top court passed its orders on the guidelines prepared in line with June 30 judgment which came on PILs filed by advocates Gaurav Kumar Bansal and Reepak Kansal for payment of Rs 4 lakh ex-gratia amount to the Covid victims' families.