AI Drafter 
TaxTMI 
TaxTMI 
2021 (8) TMI 449
X X X X Extracts X X X X
X X X X Extracts X X X X
....and the applicants are permitted to intervene in the present proceedings. 2. These two writ petitions have been filed in Public Interest seeking directions to the respondents - Central/State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of the deceased who have succumbed to the pandemic of Covid-19, in view of Section 12 of the Disaster Management Act, 2005 (hereinafter referred to as 'DMA 2005'). It is also further prayed for an appropriate direction to the respondents - State Governments to fulfil their obligation to take care of victims of the calamity and their family members. One another relief which is sought in Writ Petition (Civil) No. 554 of 2021 is to issue an appropriate direction to the respondents - State Governments to issue any official document stating cause of death, to the family members of the deceased who died due to Covid-19. One additional relief which is sought in Writ Petition (Civil) No. 539 of 2021 is to issue an appropriate writ of mandamus against the respondents - Union of India and others to provide social security and rehabilitation to the victims of Covid- 19. Two a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ons affected by the disaster and it shall include, inter alia, ex gratia assistance on account of loss of life. It is submitted therefore that it is the statutory duty of the National Authority to provide in the guidelines for ex gratia assistance on account of loss of life who died due to Covid-19, which is declared as a "Notified Disaster". 3.3 It is submitted that to provide such ex gratia assistance on account of loss of life is not only a statutory obligation under Section 12 of the DMA 2005, but it is the constitutional obligation also since it also affects the right to life guaranteed under Article 21 of the Constitution of India. It is submitted that the word "shall" occurring twice in Section 12 of the Act puts a constitutional and statutory obligation on the part of the Central/State Government to recommend guidelines for providing ex gratia assistance which is in the nature of sustenance assistance. It is submitted that as such keeping the aforesaid in mind, earlier for the years 2015-2020 vide Ministry of Home Affairs letter dated 08.04.2015 the Government has fixed norms of assistance from SDRF and NDRF for providing succour to the aggrieved family. 3.4 It is fur....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s is beyond the fiscal affordability may not be accepted. It is submitted that the fiscal affordability/financial constraint cannot be a ground not to fulfil statutory obligation under the DMA 2005 and the constitutional obligation as provided under Article 21 of the Constitution of India. 3.7 It is further submitted by Shri Upadhyay, learned Senior Advocate appearing on behalf of the petitioner that it is the duty of every government, either Central or State, to see that the correct/accurate death certificates/official documents are issued mentioning the correct cause of death arising out of Covid-19 pandemic. It is submitted that by not issuing the accurate/correct death certificate/official document with correct cause of death - Covid-19 pandemic, the family members of the deceased, who died due to Covid-19 pandemic, will be deprived of the benefits of the schemes, if any, declared by the Central/State Governments. It is submitted that not only that but by not issuing the correct/accurate death certificates mentioning the correct cause of death - Covid-19 pandemic, even the other citizens would be misled and the correct figure of deaths arising out of Covid-19 would not....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r" under DMA 2005. It is submitted that therefore to deny that Covid-19 is not a disaster has no substance and may not be accepted as even the Central Government on 14.03.2020 decided to treat Covid-19 as "Notified Disaster". 4.2 It is submitted that even the XVth Finance Commission's Report which is prepared after Covid-19 Pandemic suggests that the Central Government has always considered Covid-19 as a "Disaster" as mentioned in Section 2(d) of the DMA 2005. It is submitted therefore that the submission on behalf of the Union of India that Covid-19 is not that kind of disaster which Legislature envisaged while enacting DMA 2005 is nothing but an afterthought. 4.3 Now so far as the stand taken on behalf of the Union of India that the term "shall" used in Section 12 will have to be read as "may" while reading the instances given in Section 12 (i) to (iii), it is submitted that the Parliament has used the word "shall" twice in Section 12 of DMA 2005 which clearly shows that National Disaster Management Authority (NDMA) is not only bound to recommend guidelines for the minimum standards of relief but such reliefs must contain the provisions of ex gratia assistance on account of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of enacting DMA 2005 is to provide social security & social insurance to the persons and families affected by disasters. It is submitted that therefore denying the ex gratia payment to the families of Covid-19 deceased shall not only hit on the foundation stone on which DMA 2005 is standing but shall also defeat the whole purpose of DMA 2005. It is submitted that because of Covid-19 pandemic, lakhs of families have not only lost their near and dear but have also lost the sole bread earner who was nurturing the range of persons, i.e., small kids to elderly persons. It is submitted that due to loss of sole bread earner, lakhs of families have completely devastated and destroyed. It is submitted that grant of respectable and reasonable one-time compensation in the form of ex gratia as provided under Section 12(iii) of DMA 2005 to the "lowest of the low" to the "needy and to the families of frontline workers" who lost their lives while acting as "Corona Warrior" shall not only provide a sense of social security to them but shall also serve the letter and spirit of DMA 2005. 4.8 It is submitted that even the Finance Commission in its XVth Finance Commission's Report at point number 8....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o get away from its constitutional duty, then it will set a dangerous precedent and every time when the government will be in a tight spot, it may legally defy duties under the laws by hiding behind the shield of fiscal inability to protect itself from providing relief. 5.3 It is submitted that when Covid-19 virus rapidly started spreading in our country, the Union of India proactively notified "Covid-19" as a pandemic in order to exercise powers under DMA 2005 vide letter dated 14.03.2020. It is submitted that now when the responsibility of mitigating the loss of life under DMA 2005 arises, the government is abstaining from its responsibility and trying to escape from its duty to provide compensation to people who have lost their loved ones. It is submitted that in the modified list of items and norms of assistance from SDRF vide letter dated 14.03.2020, the Government of India has withdrawn the clause of ex gratia compensation. It is submitted that Section 12 of DMA 2005 explicitly states that the NDMA shall recommend guidelines for minimum standards of relief to be provided to the persons affected by disaster. It is submitted that special emphasis should be laid on Section 12....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... at the same time dynamic approach has been adopted, in tune with the evolving nature of Covid-19 virus. 6.2 It is submitted that various steps have been taken by the Union of India, to strategize nation's response to Covid-19, a once in a lifetime pandemic inflicted on the entire world, wherein not just the funds of NDRF and SDRF, but even from the Consolidated Fund of India are being utilised as per the advice of the experts. It is submitted that specific steps have been taken for ramping up the entire health infrastructure, preparedness, relief, restoration, mitigation and reconstruction, in a very short time, to include, inter-alia: a) Testing, tracing, treatment and quarantine facilities; b) Augmenting hospital facilities, oxygenated beds, ventilators, ICU facilities etc.; c) Augmentation of health workforce and their insurance; d) Augmentation, allocation, supply and transportation of oxygen and other essential drugs; e) Research, development, enhanced production and administration of vaccinations to rapidly cover one of world's largest eligible population of beneficiaries; f) Ensuring food security to the vulnerable gr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r required several lockdowns resulting in loss of earning), insurance cover to those who were dealing with the pandemic by directly remaining near to Covid infected patients etc. 6.6 It is submitted that Covid-19 has come as a novel virus and disease resulting in a pandemic for the entire world. The entire world has faced this phenomenon with differing intensity, mutations and waves, impacting life itself, healthcare systems, livelihood, access to amenities, liberties etc., making it a global public health challenge affecting all countries. It is submitted that therefore the Central Government adopted a multi-pronged, multi-sectoral, whole of society and a whole of government approach, along with the National Plan, in order to tailor the response of the nation in tune with the evolving nature of the virus. It is submitted that the Government of India while implementing DMA 2005 has applied a different approach keeping the unprecedented nature of disaster in mind, while supporting individual States/UTs as per their specific needs. It is submitted that such support for fighting the pandemic situation has consisted of ramping up the health infrastructure in a short time, which incl....
X X X X Extracts X X X X
X X X X Extracts X X X X
....to deal with the ever changing situations in the best possible manner, utilising all the financial, human, infrastructural and all resources of the nation rationally, judiciously and keeping the future contingencies in mind, as the world does not know how this pandemic will take shape in the future, the Union of India has taken a conscious policy decision to provide relief(s) depending upon the ever changing needs through various Ministries/Departments and such actions are coordinated and monitored by the National Executive Committee, as contemplated in the Disaster Management Act, 2005 in general and under Section 10 in particular. It is submitted that the following measures have been taken by the Union of India/NDMA: (1) The regular funding to deal with COVID-19 has been provided under the National Health Mission; (2) In order to supplement the efforts of the State Governments, the Central Government on 14th March 2020, by way of a special onetime dispensation, decided to treat COVID-19 as a "notified disaster" for the purpose of providing limited assistance towards containment measures under SDRF, (i) Measures for quarantine for sample collection and s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....uring of loan accounts. This has created a huge burden on the overall economy of the nation and exchequer of the Central Government, in particular. However, the Central Government is doing its best to maintain its financial equilibrium without compromising on the health, safety, food security and economic stability of the country. 6.9 It is further submitted that the Government of India has also decided to vaccinate the people of India as the most reliable preventive measure. To achieve this goal by the end of this year, the Government has taken all the steps to scale up the production, supplies, and import of vaccines. In the annual budget for 2021-22, the Government of India has allocated Rs. 35,000 crores for the mass vaccination campaign. 6.10 It is further submitted that, the release of funds under National Health Mission for FY 2018-19, FY 2019-20, FY 2020-21 and 2021-22 are as under: F.Y. BUDGET ESTIMATE (B.E.) REVISED ESTIMATE (R.E.) RELEASE 2018-19 25,154.61 26,118.05 26,027.62 2019-20 27,989.00 28,783.60 28,168.81 2020-21 27,989.00 29,316.75 29,747.84 2021-22 31,100.00 N.A. 1621.70 6.11 It is further sub....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sitioned by states/central hospitals/autonomous hospitals of central/states/UTs, AIIMS & Institute of National Importance (INI)s/hospitals of Central Ministries specifically drafted for care of COVID-19 patients were also covered under the scheme. The benefits under the said scheme have been extended for a further period of 180 days (w.e.f. 24.04.2021). The scheme is being implemented through an insurance policy of New India Assurance Company. In order to further expedite the processing of claims, a new system has been introduced as per which the claims are now being processed by the District Collectors and forwarded to the insurance company for release of funds to the claimants. So far, Rs.442.4 crore have been released to the insurance company in this regard. Herein, 477 claims of healthcare workers under the scheme have already been given the benefits, and further 344 claims of healthcare workers are under process. 6.14 It is further submitted that the financing of Disaster Risk Management (DRM) under the Disaster Management Act, 2005, is based on the recommendations of successive Finance Commissions, constituted under Article 280 of the Constitution of India. It is further s....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... It is submitted that therefore the issue is not of fiscal affordability, but rather of the most rational, judicious and optimum usage of fiscal and all other resources of the nation. 6.15 It is further submitted that, to appreciate the context of an 'Ex-Gratia' payment, Section 12 of Disaster Management Act, 2005 needs to be read with section 46, wherein sub-section 46(2) reads as under: "The National Disaster Response Fund shall be made available to the National Executive Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government in consultation with the National Authority." The Central Government has already declared COVID-19 as a "notified disaster" under the Disaster Management Act, 2005. It is thereby submitted that, as provided under Section 12 of the Disaster Management Act, 2005, the National Disaster Management Authority (NDMA) has already issued general Guidelines for "Minimum Standards of Relief" under Section 12 of the Disaster Management Act. However, on the issue of 'exgratia' assistance on account of loss of life, the guidelines provide th....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., in para 8.131 of its report, has proposed 4 insurance interventions, which needs to be further studied by the NDMA and the relevant Ministries about their feasibility. In this regard, it is submitted that the recommendations of the Commission are under consultation by NDMA with the stakeholders concerned. 6.19.1 It is submitted that, presently there is no guideline/policy/scheme in NDMA which relates to National Insurance mechanism that may be used to pay for disaster related deaths due to Covid- 19. In this regard it is submitted that, the XVth Finance Commission has proposed four Insurance interventions which need to be studied further by the NDMA and relevant ministries for their feasibility. These interventions are: 16.1 National Insurance Scheme for Disaster-related Deaths 16.2 Synchronising Relief Assistance with Crop Insurance 16.3 Risk Pool for Infrastructure Protection and Recovery 16.4 Access to International Reinsurance for Outlier Hazard Events 6.19.2 It is submitted that, in this context, in February 2020, a 'National Workshop on Risk Insurance' was held in Mumbai which was attended by Member Secretary National Disaster Manag....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the issue with respect to the issuance of the correct and accurate death certificates with correct cause of death due to Covid-19 and recording of Covid-19 deaths are concerned, it is submitted that there is a statutory mechanism and any breach of the guidelines on the same would be a criminal offence as stipulated under Section 188 of the IPC. It is submitted that any death resulting from Covid-19 shall have to be certified, i.e., as Covid death, failing which, everyone responsible (including the certifying doctor) shall be responsible for penal consequences. 6.20.1 It is submitted that the broad guidelines for appropriate recording of Covid-19 related deaths in India were prepared by the Indian Council of Medical Research (ICMR) and were issued on 10.05.2020 for all States for implementation and subsequently placed on the ICMR website. This was further communicated to the MoHFW, Government of India. Thereafter, the Ministry communicated it to all the States and UTs. This guidance is to help and guide doctor's certification for Covid-19 related deaths. It is submitted that the guidelines clearly state that positive deaths, implicate deaths relating to Covid-19. It is submitted ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s due to COVID-19. It is submitted that the only exception could be where there is a clear alternative cause of death, 47 that cannot be attributed to COVID-19 (e.g., accidental trauma, poisoning, acute myocardial infarction, etc), where COVID-19 is an incidental finding. 49. Whereas, 'Death Audit' on the other hand is an administrative exercise to identify gaps that contribute to deaths of patients. The aim is to improve quality of healthcare services by suitable corrective measures to prevent/minimize future deaths. It is submitted that the same is to be done as per the indicative proforma. 6.21 Shri Tushar Mehta, learned Solicitor General appearing on behalf of the Union of India has vehemently submitted that while interpreting Section 12 of the DMA 2005, the term "shall" must be cohered as "may", thereby making the provision directory/discretionary and not mandatory, in the light of peculiar facts and comprehensive steps taken by the Union of India. It is submitted that this Court in a catena of judgments on the interplay between "may", "shall" and "must", have seldom held the phrases to their literary interpretation, but instead looked into the intent of the legislature aga....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ot debate academic matters or concern itself with intricacies of trade and commerce; ii) It is neither within the domain of the courts nor the scope of judicial review to embark upon an enquiry as to whether a particular public policy is wise or whether better public policy can be evolved. Nor are the courts inclined to strike down a policy at the behest of a petitioner merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical. Wisdom and advisability of economic policy are ordinarily not amenable to judicial review; iii) Economic and fiscal regulatory measures are a field where Judges should encroach upon very warily as Judges are not experts in these matters. 14.1 In R.K. Garg v. Union of India (1981) 4 SCC 675, it has been observed and held that laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as freedom of speech, religion etc. It is further observed that the legislature should be allowed some play in the joints, because it has to deal with complex problems which do not admit of solution through any doctrinaire or straitjac....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the Court is to see that lawful authority is not abused but not to appropriate to itself the task entrusted to that authority. It is further observed that a public body invested with statutory powers must take care not to exceed or abuse its power. It must keep within the limits of the authority committed to it. It must act in good faith and it must act reasonably. Courts are not to interfere with economic policy which is the function of experts. It is not the function of the courts to sit in judgment over matters of economic policy and it must necessarily be left to the expert bodies. In such matters even experts can seriously and doubtlessly differ. Courts cannot be expected to decide them without even the aid of experts. It is further observed that it is not the function of the Court to amend and lay down some other directions. The function of the court is not to advise in matters relating to financial and economic policies for which bodies like RBI are fully competent. The court can only strike down some or entire directions issued by the RBI in case the court is satisfied that the directions were wholly unreasonable or in violative of any provisions of the Cons....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n experts can seriously err and doubtlessly differ. Courts can certainly not be expected to decide them without even the aid of experts." 14.8 In P.T.R Exports (Madras) P. Ltd. v. Union of India, (1996) 5 SCC 268, this Court observed as under: "In matters of economic policy, it is settled law that the Court gives a large leeway to the executive and the legislature Government would take diverse factors for formulating the policy in the overall larger interest of the economy of the country. The Court therefore would prefer to allow free play to the Government to evolve fiscal policy in the public interest and to act upon the same." 15. What is best in the national economy and in what manner and to what extent the financial reliefs/packages be formulated, offered and implemented is ultimately to be decided by the Government and RBI on the aid and advise of the experts. The same is a matter for decision exclusively within the province of the Central Government. Such matters do not ordinarily attract the power of judicial review. Merely because some class/sector may not be agreeable and/or satisfied with such packages/policy decisions, the courts, in exe....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... and/or to declare a particular policy, more particularly when many complex issues will arise in the field of economy and what will be the overall effect on the economy of the country for which the courts do not have any expertise and which shall be left to the Government and the RBI to announce the relief packages/economic policy in the form of reliefs on the basis of the advice of the experts. Therefore, no writ of mandamus can be issued. 20. No State or country can have unlimited resources to spend on any of its projects. That is why it only announces the financial reliefs/packages to the extent it is feasible. The court would not interfere with any opinion formed by the Government if it is based on the relevant facts and circumstances or based on expert advice. It is not normally within the domain of any court to weigh the pros and cons of the policy or to scrutinize it and test the degree of its beneficial or equitable disposition for the purpose of varying, modifying or annulling it, based on howsoever sound and good reasoning, only where it is arbitrary and violative of any Constitutional, statutory or any other provisions of law. When Government forms its policy, i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....f India that the word "shall" used in Section 12 may be read as "may" and it should be read as directory/discretionary and shall not be construed as "mandatory". It is also the case on behalf of the Union of India that as such by providing various schemes and by taking various steps the Government has already made a provision/provided the minimum standards of relief by making provision from NDRF/SDRF, which can be said to be reliefs under Section 12 of DMA 2005. It is also the case on behalf of the Union of India that it is not the question of financial inability, but the question is to give priorities to other sectors/fields/reliefs, while taking other measures to deal with the disaster or the mitigation or preparedness and capacity building for dealing with the threatening disaster situation. It is the case on behalf of the Union of India that instead of giving ex gratia compensation of Rs. 4 lacs to the family members of the deceased of the persons who have died due to Covid- 19, a conscious decision has been taken by the Finance Commission and/or Union of India to make provision and/or use the fund from NDRF/SDRF for the purpose of creating infrastructure, hospitals, testing, v....
X X X X Extracts X X X X
X X X X Extracts X X X X
....onal Authority may- (a) lay down policies on disaster management; (b) approve the National Plan; (c) approve plans prepared by the Ministries or Departments of the Government of India in accordance with the National Plan; (d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan; (e) lay down guidelines to be followed by the different Ministries or Departments of the Government of India for the purpose of integrating the measures for prevention of disaster or the mitigation of its effects in their development plans and projects; (f) coordinate the enforcement and implementation of the policy and plan for disaster management; (g) recommend provision of funds for the purpose of mitigation; (h) provide such support to other countries affected by major disasters as may be determined by the Central Government; (i) take such other measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary; (j) lay down broad policies and guidelines for....
X X X X Extracts X X X X
X X X X Extracts X X X X
....wn by the National Authority; (f) monitor the implementation of the National Plan and the plans prepared by the Ministries or Departments of the Government of India; (g) monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in their development plans and projects; (h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government; (i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness; (j) plan and coordinate specialised training programme for disaster management for different levels of officers, employees and voluntary rescue workers; (k) coordinate response in the event of any threatening disaster situation or disaster; (l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of I....
X X X X Extracts X X X X
X X X X Extracts X X X X
....penses for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government in consultation with the National Authority. Over and above the NDRF, the Central Government may also constitute a fund to be called the National Disaster Mitigation Fund for projects exclusively for the purpose of mitigation. A similar disaster response fund is to be constituted by the State Authority, which is known as State Disaster Response Fund (SDRF); District Disaster Response Fund; State Disaster Mitigation Fund and District Disaster Mitigation Fund as per Section 48 of DMA 2005. 9.6 "Disaster: as defined under Section 2(d) of DMA 2005 means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or manmade causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area. "Disaster Management" is also defined under Section 2(e) of DMA 2005, which reads as under: (e) "disaster....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ver and sanitation; (ii) the special provisions to be made for widows and orphans; and (iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood. Therefore, it is the statutory duty cast upon the National Authority to recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include the reliefs, as stated hereinabove. The language used in the provision is very plain and unambiguous. As per the settled proposition of law laid down by this Court in a catena of decisions, when the language of the provision is plain and unambiguous, statutory enactments must ordinarily be construed according to its plain meaning. The beneficial provision of the legislation must be literally construed so as to fulfil the statutory purpose and not to frustrate it. (See Bhavnagar University (supra) (para 26). 10.2 Under Section 12 of DMA 2005, the National Authority is mandated to recommend guidelines for the minimum standards of relief. Minimum standards of relief are, as such, not defined under the Act. Then what is somewhat intended by the legislature wh....
X X X X Extracts X X X X
X X X X Extracts X X X X
....very object and purpose of the Act will be defeated. The word "shall" used twice in Section 12 significantly imposes a duty cast upon the National Authority to issue guidelines for the minimum standards of relief which shall include ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood. Nothing is on record that any guidelines/decision has been taken by the National Authority recommending guidelines for the minimum standards of relief in the form of ex gratia assistance on account of loss of life of a person who has died due to Covid-19. At this stage, it is required to be noted and it is not in dispute and cannot be disputed that Covid-19 pandemic is a disaster within the meaning of Section 2(d) of DMA 2005. Not only that even in the letter dated 14.03.2020, the Central Government has declared Covid-19 pandemic as "notified disaster". Even, all other steps including the guidelines and SOPs are issued under the provisions of DMA 2005. Therefore, once the Covid-19 pandemic is declared as "notified disaster"/national disaster, even otherwise the same can be disaster within the meaning of Section 2 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....are entitled to. Whether a writ of mandamus can be issued directing the Central Government/National Authority/State Governments to pay a particular amount by way of ex gratia assistance, more particularly Rs. 4 lacs, as prayed by the petitioners? Whether the Court can/may direct to pay a particular amount by way of ex gratia assistance? 11.1 The scope of judicial review is discussed hereinabove. It cannot also be disputed that Covid-19 pandemic is a peculiar disaster, which the country and the world has experienced in a long time. It has an extraordinary spread and impact from that of other natural disaster/disasters. Therefore, its extreme spread and impact requires an approach different from the one that is applied to other disasters/natural disasters. Other natural disasters would have a different effect/impact. Covid-19 pandemic is having an on-going impact/effect. The pandemic is still not over in the country as also the world and it is extremely difficult to predict with accuracy, it's further trajectory, mutations and waves. Looking to its peculiarity and the impact and effect, the Covid-19 pandemic is required to be viewed differently from other disasters. There is a nee....
X X X X Extracts X X X X
X X X X Extracts X X X X
....umber of circumstances, on facts, law including constraint based governmental resources. As observed by this Court in the case of Nandlal Jaiswal (supra), the Government, as laid down in Permian Basin Area Rate Cases, 20 L Ed (2d) 312, is entitled to make pragmatic adjustments which may be called for by particular circumstances. As observed by this Court hereinabove, the function of the Court is to see that lawful authority is not abused but not to appropriate to itself the task entrusted to that authority. Therefore, the Courts would be very slow to interfere with priorities fixed by the government in providing reliefs, unless it is patently arbitrary and/or not in the larger public interest at all. The Government should be free to take policy decisions/decide priorities (of course to achieve the ultimate goal of DMA 2005, government should be free to take its own decisions/priorities while providing minimum standards of relief and even towards preparedness, mitigation, prevention and recovery), subject to the availability of the resources/funds and the amount to be spent towards other reliefs on the aid and advice of the experts and looking to the circumstances from time to ti....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Covid-19 pandemic, for the reasons stated hereinabove, no writ of mandamus can be issued directing the Central Government/State Governments to pay a particular sum/amount by way of ex gratia assistance as the utilization of the fund/money by the Central Government would depend upon the priorities fixed by them which includes the money/fund to be used for prevention, preparedness, mitigation, recovery etc. Therefore, what amount to be paid by way of ex gratia assistance to the family members of the persons who died due to Covid-19 pandemic should be left to the National Authority/Central Government. 13. Now so far as the prayer to issue appropriate direction to the respondents - State Governments to issue an official document stating Covid-19 related as cause of death, to the family members of the deceased who died due to Covid-19 is concerned, it is required to be noted that it is the duty of the every authority to issue accurate/correct death certificates stating the correct and accurate cause of death, so that the family members of the deceased who died due to Covid-19 may not face any difficulty in getting the benefits of the schemes that may be declared by the Governme....
X X X X Extracts X X X X
X X X X Extracts X X X X
....additional relief sought in Writ Petition (Civil) No. 539 of 2021 to issue appropriate direction directing the respondents - Union of India and others to provide social security in the form of insurance is concerned, from the XVth Finance Commission Report, it appears that the Finance Commission in its report has already made recommendations of the same and from the counter affidavit it appears that the Union Government has actively considering the same in consultation with other stakeholders. We hope and trust that the Union Government will consider the recommendations made by the Finance Commission made in its XVth Finance Commission Report and take an appropriate decision in consultation with other stakeholders and the experts. Even otherwise, from the counter affidavit filed on behalf of the Union of India, it appears that the Central Government has already launched the Pradhan Mantri Garib Kalyan Package under which a comprehensive personal accident cover of Rs. 50 lakhs have been provided to 22.12 lakh health care providers throughout the country, including community health workers and private health workers who may have been in direct contact and care of Covid-19 patients....