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2021 (8) TMI 449
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....ne 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 applications have been filed in the aforesaid ....
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....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 further submitted that the word "shall" occurred in Sectio....
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....t 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 be known. It is submitted that if the number of persons who ....
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....vid-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 loss of life. It is submitted that further, use of word "shall" in S....
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....rsons 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 8.132 & 8.133 has also suggested the Government of India to launch National Insura....
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....ry 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 (ii) and Section 12(iii) of DMA 2005. 5.4 It is further submitted that the said w....
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....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 groups; g) Minimising the adverse impact of large-scale economic disruptions by multi-pronged approach; and h) Rehabilitation, protection....
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....ected 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 include testing, treatment, and quarantine facilities on large-scale on the one hand, and augmenting hospital facilities, which include oxygenated beds, ventilators,....
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....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 screening (ii) Procurement of essential equipments/ labs for response to COVID-19. (iii) To deal with problems of migrant labourers, on 28th March, 2020, the Central Government allowed use of SDRF for setting up relief camps and to provide food, water, etc. to migrant workers and other stranded people. (iv) On 23rd September, 2020, th....
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....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 submitted that in FY 2019-20, in addition to the above, funds to the tune of Rs. 1113.21 Crore were released to the States /UTs towards management and containment of COVID-19 over and above their normal resource envelope under NHM. The release was from the savings of Department of Health and Family Welfare (DoHFW). Therefore, the total Release under NHM (including COVID-19): Rs. 29,282.02 Crore (Rs. 28,168.81 Cr + Rs. 1,113.21 Cr)....
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....een 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 submitted that, the allocation of the amount under NDRF and SDRF; guidelines on constitution and administration of SDRF and NDRF; and the items and norms for providing for relief assistance from SDRF/NDRF are based on the constitutional recommendations of the successive Finance Commissions. It is further stated that the successive Finance Commissions, after considering all the facets of disaster risk management, have recommended the expenditure for providing financial relief against 12 identified disasters and accordin....
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....xpenses 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 that the norms provided by Government of India (Ministry of Home Affairs) for assistance from SDRF should be the Minimum Standards of Relief. 6.16 It is further submitted that, the XVth Finance Commission, in para 8.141 of its report, had considered the request of the State Governments for inclusion of a number of calamities under the eligible list of disasters under SDRF/NDRF. Herein, after consideration, in para 8.143 of its report, the Commission had observed that the list of notified disasters eligible for funding from State Disa....
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....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 Management Authority (NDMA), National Institute of Disaster Management (NIDM), Insurance Regulatory and Development Authority of India (IRDAI), States Functionaries and leading insurance companies. Subsequently in the Workshop, upon the suggestion of Member Secretary (NDMA), a Working Group (WG) was constituted comprising members from NIDM, NDMA, IRDAI as well as CEO's/Chairman of Insurance Companies for deliberations on risk insurance coverage against natural disasters in India. In its final report submitted in April, 2021 to DM Division of Ministry of Home Affairs, the WG ha....
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....tted 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 that further these guidelines are in sync with the World Health Organisation Mortality Coding. 6.20.2 It is further submitted that, on the question of issuance of death certificates, the registration of birth and death is done under the provisions of a Central Act, namely, Registration of Births and Deaths Act, 1969. This Act was enacted in the year 1969 and was enforced in most of the States/UTs from 1st April, 1970 to promote uniformity and comparability in the registration of Births and Deaths across the country. 6.20.3 It is further submitted that the Registrar General of Ind....
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....ma. 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 against the backdrop of the prevailing circumstances. Heavy reliance is placed on the decision of this Court in the case of Bachahan Devi v. Nagar Nigam, Gorakhpur, (2008) 12 SCC 372. 7. Having heard the learned counsel for the respective petitioners/intervenors and the reliefs sought in the respective petitions, the reliefs/submissions on behalf of the petitioners/intervenors can be summarized as under: i) to direct the National Disaster Management Authority (NDMA)/Central Government/State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary co....
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....re 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 straitjacket formula and this particularly true in case of legislation dealing with economic matters. 14.2 In the case of Arun Kumar Agrawal v. Union of India (2013) 7 SCC 1, this Court had an occasion to consider the following observations made the Supreme Court of the United States in the case of Metropolis Theatre Co. v. Chicago, 57 L Ed 730: 228 US 61 (1913): "...The problems of Government are practical ones and may justify, if they do not require, rough accommodation, illogical, if may be, and unscientific. But even such criticism should not be hastily expressed. What is the best is not always discernible; the wisdom of any choice may be disputed or co....
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.... 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 Constitution or any statute. It would be hazardous and risky for the courts to tread an unknown path and should leave such task to the expert bodies. This Court has repeatedly said that matters of economic policy ought to be left to the government. 14.6 In the case of Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664, in paras 229 & 233, it is observed and held as under: "229. It is now well settled that the courts, in the exercise of their jurisdiction, will not transgress into the field of policy decision. Whether to have an infrastructural project or not and what is the type of project to be undertaken and how it has to be executed, are part of policymaking process and the courts are ill....
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....eliefs/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 exercise of the power of judicial review, do not ordinarily interfere with the policy decisions, unless such policy could be faulted on the ground of mala fide, arbitrariness, unfairness etc. 16. There are matters regarding which Judges and the Lawyers of the courts can hardly be expected to have much knowledge by reasons of their training and expertise. Economic and fiscal regulatory measures are a field where Judges should encroach upon very warily as Judges are not experts in these matters. 17. The correctness of the reasons which prompted the government in decision taking one course of action instead of another is not a matter of concern in judicial review and the court is not the appropriate forum for such investigation. The policy decision must be ....
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....lly 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, it is based on a number of circumstances on facts, law including constraints based on its resources. It is also based on expert opinion. It would be dangerous if court is asked to test the utility, beneficial effect of the policy or its appraisal based on facts set out on affidavits." 7.3 However, at the same time, if the statutory authority/authority has failed to perform its statutory duty cast under the statute or constitutional duty, a mandamus can be issued directing the authority to perform its duty cast under the statute. In such a situation, the Court would be absolutely justified in issuing a writ of mandamus directing the authority to perform its statutory duty/constitutional duty. 8. The reliefs sought in the present petitions are required to be considered in the light of....
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....f 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, vaccination, ICU facilities and other allied matters including providing food to the BPL/migrant labourers, and not to pay ex gratia assistance. 9. While appreciating the submission on behalf of the Union of India that the word "shall" used in Section 12 of DMA 2005 may be read as "may" and the same shall not be construed as "mandatory" and may be considered as "directory/discretionary", the object and purpose of enactment of Disaster Management Act, 2005 and the relevant provisions of DMA 2005 are required to be referred to and considered. 9.1 The Disaster Management Act, 2005 has been enacted for prevention and mitigation effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. It has been enacted on disaster management to provide for requisite institutional mechanisms for dra....
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....t; (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 the functioning of the National Institute of Disaster Management; (3) The Chairperson of the National Authority shall, in the case of emergency, have power to exercise all or any of the powers of the National Authority but exercise of such powers shall be subject to ex post facto ratification by the National Authority. 9.3 Section 7 of the Act provides for constitution of advisory committee by National Authority which shall consist of experts in the field of disaster management and having practical experience of disaster management at the national, State or district level to make recommendations on different aspects of disaster management. Section 8 of the Act provides for constitution of National Executive Committee to assist the National Authority in the performance of its functions under the Act. Section 10 provides for powers and functions of National Executive Committee and the National Executive Committee shall ....
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....reatening disaster situation or disaster; (l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster; (m) require any department or agency of the Government to make available to the Na material resources as are available with it for the purposes of emergency response, rescue and relief; (n) advise, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Authorities, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management; (o) provide necessary technical assistance or give advice to the State Authorities and District Authorities for carrying out their functions under this Act; (p) promote general education and awareness in relation to disaster management; and (q) perform such other functions as the National Authority may require it to perform." 9.4 Section 12 provides for the National Authority to recommend guidelines for the minimum standards of relief to be p....
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....ned under Section 2(e) of DMA 2005, which reads as under: (e) "disaster management" means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for- (i) prevention of danger or threat of any disaster; (ii) mitigation or reduction of risk of any disaster or its severity or consequences; (iii) capacity-building; (iv) preparedness to deal with any disaster; (v) prompt response to any threatening disaster situation or disaster; (vi) assessing the severity or magnitude of effects of any disaster; (vii) evacuation, rescue and relief; (viii) rehabilitation and reconstruction As per Section 2(i), "mitigation" means measures aimed at reducing the risk, impact or effects of a disaster or threatening disaster situation. As per Section 2(m) "preparedness" means the state of readiness to deal with a threatening disaster situation or disaster and the effects thereof. 10. Considering the Statement of Objects and Reasons for enactment of DMA 2005 and the relevant provisions of the DMA 2005, referred to hereinabove, it is to be considered whether the word "shall" used in Section 12 is required t....
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....lature while providing minimum standards of relief is to be gathered from Section 12 itself. 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 can be said to be part of minimum standards of relief of which the National Authority is required to recommend guidelines. 10.3 As observed by this Court in the case of Bachahan Devi (supra), even to interpret the legal import of the word "may", the Court has to consider various factors, namely, the object and the scheme of the Act, the context and the background against which the words have been used, the purpose and the advantages sought to be achieved by the use of this word, and the like. In paragraph 18, it is observed and held as under: "18. It is well settled that the use of the word "may" in a statutory provision would not by itself show that the provision is directory in nature. In some cases, the legislature may use the word "may" as a matter of pure conventional courtesy and yet intend a mandatory force. In order, therefore, to interpret the legal import of the word "may", the court has to consider various factors, namely, the o....
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....) of DMA 2005, the provisions of Section 12 of DMA 2005 shall be applicable and it has to be applied to the Covid-19 pandemic which is declared as "notified disaster"/national disaster. The submission on behalf of the Union of India that considering the peculiar nature of the Covid-19 pandemic, even if Covid-19 pandemic is declared and/or considered as a disaster, Section 12 of DMA 2005 may not be applicable and/or the word "shall" should be construed as "may" as when DMA 2005 was enacted, the legislature might not have visualised that such a pandemic/disaster would occur which would have a long-time effect/impact. The aforesaid cannot be accepted for the simple reason that every disaster as defined under Section 2(d) of the Act is a disaster and once it is declared as a "notified disaster"/national disaster/disaster, Section 12 of DMA 2005 shall be applicable and is mandatorily to be complied with, with respect to any disaster, within the meaning of Section 2(d) of DMA 2005. As observed hereinabove, nothing is on record that any decision/guidelines has/have been issued by the National Authority for ex gratia assistance on account of loss of life due to Covid-19 pandemic while rec....
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.... simultaneously on prevention, preparedness, mitigation and recovery, which calls for a different order of mobilization of both financial and technical resources. The Government is required to and as so stated in the counter affidavit and as submitted by Shri Mehta, learned Solicitor General, a huge fund is required for the purpose of creating the infrastructure, hospitals, ventilators, oxygen, testing, vaccination etc. According to the Central Government, the Government has bonafidely and in the larger public interest has decided the priorities and focused simultaneously on prevention, preparedness, mitigation and recovery. According to the official figure, the pandemic has caused more than 3,85,000 deaths, the same is likely to increase further. It cannot be disputed that these deaths have affected the families from all classes - the rich and poor, professionals and informal workers, and traders and farmers. It has also affected the kins as well as elderly members, old parents. Many have lost the sole bread earner. However, at the same time, and as observed hereinabove, the impact and effect of the present pandemic/disaster would be different from the other disasters/natural disa....
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.... no relief can be granted to direct the National Authority/Central Government/State Governments to pay a particular amount towards ex gratia assistance on account of loss of life to the family members of the persons who have died due to Covid-19. It should be left to the wisdom of National Authority while considering the guidelines/recommendations of the Finance Commission in its XVth Finance Commission Report and the funds required for other reliefs/priorities. The recommendations of the Finance commission provide sufficient guidelines. However, at the same time, as observed hereinabove, while recommending guidelines for the minimum standards of relief to be provided to persons affected by disaster/Covid-19 pandemic, the authority has to consider issuing/recommend guidelines on ex gratia assistance on account of loss of life. As observed hereinabove, ex-gratia assistance on account of loss of life is part of minimum standards of relief, which must be considered by the National Authority while providing for the minimum standards of relief to be provided to the persons affected by disaster - in the present case Covid-19 pandemic. 12.1 At this stage, it is required to be noted....
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....f the deceased, who died due to Covid-19. In the death certificate also, if a person has died due to Covid-19 and/or any other complications/disease due to Covid-19, it should be specifically mentioned in the death certificate. We have gone through the counter affidavit filed on behalf of the Union Government on the aforesaid and the guidelines issued by the ICMR as well as the format and the guidelines issued to the Registering Authorities of the concerned State Governments. However, we feel that the procedure should be as simplified as it can be. Therefore, a simplified procedure/guidelines is/are required to be issued by the Central Government and/or appropriate authority for issuance of an official document/death certificate 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. For guidance, such guidelines may provide if a person has died after he was found covid positive and he has died within two to three months, either in the hospital or outside the hospital or at home, the death certificate/official document must be issued to the family members of the deceased who died due to Covid-19 stating the c....
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....ng impacted/infected by this. It is further reported that on account of unprecedented situation, private hospital staff/retired/volunteer/local urban bodies/contract/daily wage/ad- hoc/outsourced staff requisitioned by States/Central Hospitals/autonomous hospitals of Central/States/Union Territories, AIIMS & Institute of National Importance (INI)/hospitals of Central Ministries specifically drafted for care of Covid-19 patients are also covered under the scheme. The benefits under the said scheme have been extended for a further period of 180 days with effect from 24.04.2021. Therefore, it appears that sufficient care has been taken. However, some class might have been left out, like those persons working at premortem. Thus, the Union Government may look into the same and cover them also who might have been left out and who can be said to be in direct contact of dead bodies of Covid-19 patients. Even, Shri Tushar Mehta, learned Solicitor General has also stated at the Bar that the Union Government/appropriate authority shall look into the same. 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....