JOIN USSC seeks details of compensation paid to Covid-19 victims; reserves judgement on ex-gratia
The Supreme Court on Monday asked the Centre to submit details of compensation provided to people who died of Covid-19, as per policy framed by each state.
Solicitor General Tushar Mehta, representing the Centre, submitted before a bench of Justices Ashok Bhushan and M R Shah that it was not the case that government did not have funds to pay ex-gratia of Rs 4 lakh to kin of Covid victims, but the focus of expenditure was holistic, to make funds available for rehabilitation, mitigation and preparedness.
“So you say you don't have the money for ex-gratia but for other measures. It will have a wide ramification if government says it has no funds," the bench said, seeking clarification from the Centre on this aspect.
The bench asked Mehta to give details of compensation paid by each state government to the families of Covid-19 victims, and from which fund the payment was made.
The Centre said that most of the states were paying from funds other than State Disaster Relief Fund (SDRF).
A counsel, appearing for an intervenor, contended that there was no uniform scheme on compensation to Covid victims.
He said that in Delhi, Rs 50,000 was being paid, while in Bihar, Rs 4 lakh was given for Covid deaths, and it was Rs one lakh in Karnataka, pointing towards the disparity.
The bench sought to know if there was any decision by the national authority to not give ex-gratia.
Mehta replied he is not aware if the national authority has taken a decision or not, but added that the finance commission has disbursed the fund to state disaster response and tried to help the people affected by the Covid pandemic.
The bench, however, asked if the commission can override statutory obligations.
The court also stressed at uniform policy and guidelines for issuance of death certificates for those succumbed to Covid-19, saying that prima facie it found the process very complicated.
The court reserved the judgement on PILs filed by advocates Gaurav Kumar Bansal and Reepak Kansal seeking ex-gratia relief of Rs 4 lakh to kin of Covid-19 victims as the Centre has declared it as a national disaster. It asked the parties to file their written submissions within three days.
The Union government had earlier told the court that ex-gratia cannot be paid to all those who died due to Covid-19 as it would exhaust the disaster relief funds, and also impact the Centre and States' preparation to address future waves of the pandemic.