GAURAV KUMAR BANSAL versus UNION OF INDIA AND OTHERS

Citation: [2021] 11 S.C.R. 573 · Decided: 04-10-2021 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off

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Judgment (excerpt)

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GAURAV KUMAR BANSAL
v.
UNION OF INDIA AND OTHERS
Miscellaneous Application No.1120 of 2021
in
Writ Petition (Civil) No.539 of 2021
OCTOBER 04, 2021
[M.R. SHAH AND A.S. BOPANNA, JJ.]
Covid Pandemic – Disaster Management Act, 2005 –
Guidelines dated 11.09.2021 issued by National Disaster
Management Authority (NDMA) for ex-gratia assistance to the next
of the kin of the deceased who died due to Covid-19 – NDMA
recommended an amount of Rs.50,000 as ex-gratia payment to the
next of the kin of the deceased – The Guidelines also provided that
ex-gratia assistance shall be provided by the States from the State
Disaster Response Fund (SDRF) and the ex-gratia assistance to the
next of the kin of the deceased person shall be disbursed by the
District Disaster Management Authority/District Administration –
Thus, directions passed in respect of ex-gratia assistance of an
amount of Rs.50,000/- – Also directions passed in respect of issuance
of the death certificates/official document stating the exact cause
of death, i.e., “died due to Covid-19” to the family members of the
deceased who died due to Covid-19.
CIVIL ORIGINAL JURISDICTION: Miscellaneous Application
No. 1120 of 2021.
In
Writ Petition (Civil) No. 539 of 2021.
Tushar Mehta, SG, K.M. Nataraj, Ms. Aishwarya Bhati, ASGs,
Rajat Nair, Amit Sharma, Sughosh Subramanyam, B.V. Balaram Das,
Sumeer Sodhi for the appearing parties.
The Order of the Court was passed by
M. R. SHAH, J.
1. Pursuant to a detailed judgment and order dated 30.06.2021,
this Court directed the National Disaster Management Authority
(NDMA) and the appropriate authority in paragraph 16 as under:
[2021] 11 S.C.R. 573
573
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574
SUPREME COURT REPORTS
[2021] 11 S.C.R.
“16. In view of the above and for the reasons stated above, we
dispose of the present writ petitions with the following directions:
1) We direct the National Disaster Management Authority to
recommend guidelines for ex gratia assistance on account of loss
of life to the family members of the persons who died due to
Covid-19, as mandated under Section 12(iii) of DMA 2005 for the
minimum standards of relief to be provided to the persons affected
by disaster – Covid 19 Pandemic, over and above the guidelines
already recommended for the minimum standards of relief to be
provided to persons affected by Covid-19. However, what
reasonable amount to be offered towards ex gratia assistance is
left to the wisdom of National Authority which may consider
determining the amount taking into consideration the observations
made hereinabove, such as, requirement/availability of the fund
under the NDRF/SDRF for other reliefs and the priorities
determined by the National Authority/Union Government and the
fund required for other minimum standards of relief and fund
required for prevention, preparedness, mitigation and recovery
and other reliefs to carry out the obligation under DMA 2005.
The aforesaid exercise and appropriate guidelines be
recommended, as directed hereinabove, within a period of six
weeks from today;
2) The Appropriate Authority is directed to issue simplified
guidelines for issuance of Death Certificates/official document
stating the exact cause of death, i.e., “Death due to Covid-19”, to
the family members of the deceased who died due to Covid-19.
While issuing such guidelines, the observations made hereinabove
in paragraph 13 be borne in mind. Such guidelines may also provide
the remedy to the family members of the deceased who died due
to Covid-19 for correction of the death certificate/official document
issued by the appropriate authority, if they are not satisfied with
the cause of death mentioned in the death certificate/official
document issued by the appropriate authority; and
3) The Union of India to take appropriate steps on the
recommendations made by the Finance Commission in this XVth
Finance Commission Report bearing paragraph 8.131 in
consultation with other stakeholders and experts.”
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2. Under the above directions in terms of para 16(1), the NDMA
was required to recommend guidelines for ex-gratia assistance on account
of loss of life to the family members of the persons who died due to
Covid-19, as mandatory under Section 12 (iii) of the Disaster
Management Act, 2005 (for short, ‘DMA 2005’) for the minimum
standards of relief to be provided to the persons affected by disaster –
Covid-19 Pandemic, over and above the guidelines already recommended
for the minimum standards of relief t

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