On 16th August 2021, the Hon’ble Supreme Court gave the center four weeks to frame guidelines and to make recommendations for the payment of ex-gratia assistance to the dependents of those people who died during the COVID-19 pandemic.
The Division Bench which comprised of Justice DY Chandrachud and Justice MR Shah was hearing a plea filed by the union of India seeking an extension of four weeks for the National Disaster Management Authority to set guidelines in accordance with a Supreme Court’s order.
During the hearing, the Bench asked Aishwarya Bhati -the additional solicitor General if any of the other directions given by the Court in the order has been complied with or not.
In response to the ASG Aishwarya Bhati’s request asking for more time to seek instructions in that regard, the bench, while giving time, asked the Union of India to place on record an affidavit outlining the steps taken to issue the other guidelines given by the court in its judgment dated June 30th.
The affidavit that was referred here must be filed with regards to compliance with the following guidelines issued by the Supreme Court:
- Simplified guidelines should be framed for issuing death certificates/official documents stating the exact cause of death.
- Appropriate action should be taken by the Union of India on the recommendations which were made by the Finance Commission in its XVth Commission report in consultation with experts and stakeholders.
The Union of India filed the current application before the Supreme Court seeking an extension so that the National Disaster Management Authority could come up with comprehensive and strict guidelines.
The centre has submitted that this process of developing appropriate gratuity payment guidelines for victims of the Covid-19 disaster is in an active and advanced phase, and requires some further in-depth testing before it can be finalized and implemented.
“Any rapid formulation can lead to undesirable consequences, “the application stated.
The Supreme Court by its judgment dated 30 June 2021 had already granted six weeks time to the National Disaster Management Authority to set guidelines for ex-gratia assistance to the family members of the people who died because of Covid-19, in accordance with Section 12 (iii) of the Disaster Management Act. 2005.
The petitioner, in their writ petition filed to the apex Court, had asked for the Center & States’ direction to give an ex-gratia compensation of Rs. 4 lakhs to the family members of those people who have succumbed to the COVID-19 virus and fighting with the post-covid-19 complications. The petitioner also demanded relief in simplifying the process of issuing death certificates for people who have lost their lives as a result of COVID.
Therefore, the centre sought another four weeks in addition to the six-week period granted by the Supreme Court on June 30.
On 16th August 2021, the Hon’ble Supreme Court gave the center four weeks to frame guidelines and to make recommendations for the payment of ex-gratia assistance to the dependents of those people who died during the COVID-19 pandemic.
The Division Bench which comprised of Justice DY Chandrachud and Justice MR Shah was hearing a plea filed by the union of India seeking an extension of four weeks for the National Disaster Management Authority to set guidelines in accordance with a Supreme Court’s order.
During the hearing, the Bench asked Aishwarya Bhati -the additional solicitor General if any of the other directions given by the Court in the order has been complied with or not.
In response to the ASG Aishwarya Bhati’s request asking for more time to seek instructions in that regard, the bench, while giving time, asked the Union of India to place on record an affidavit outlining the steps taken to issue the other guidelines given by the court in its judgment dated June 30th.
The affidavit that was referred here must be filed with regards to compliance with the following guidelines issued by the Supreme Court:
- Simplified guidelines should be framed for issuing death certificates/official documents stating the exact cause of death.
- Appropriate action should be taken by the Union of India on the recommendations which were made by the Finance Commission in its XVth Commission report in consultation with experts and stakeholders.
The Union of India filed the current application before the Supreme Court seeking an extension so that the National Disaster Management Authority could come up with comprehensive and strict guidelines.
The centre has submitted that this process of developing appropriate gratuity payment guidelines for victims of the Covid-19 disaster is in an active and advanced phase, and requires some further in-depth testing before it can be finalized and implemented.
“Any rapid formulation can lead to undesirable consequences, “the application stated.
The Supreme Court by its judgment dated 30 June 2021 had already granted six weeks time to the National Disaster Management Authority to set guidelines for ex-gratia assistance to the family members of the people who died because of Covid-19, in accordance with Section 12 (iii) of the Disaster Management Act. 2005.
The petitioner, in their writ petition filed to the apex Court, had asked for the Center & States’ direction to give an ex-gratia compensation of Rs. 4 lakhs to the family members of those people who have succumbed to the COVID-19 virus and fighting with the post-covid-19 complications. The petitioner also demanded relief in simplifying the process of issuing death certificates for people who have lost their lives as a result of COVID.
Therefore, the centre sought another four weeks in addition to the six-week period granted by the Supreme Court on June 30.
