New Delhi: Criticizing the National Disaster Management Authority (NDMA) for failing in its responsibility to recommend ex gratia to the families of those who died of COVID-19, the Supreme Court on Wednesday observed that the kin of the victims of the pandemic is eligible for compensation.

The Prime Minister is the ex officio chairperson of the NDMA.  

While hearing a petition seeking a compensation of Rs 4 lakh each to the families of those who lost their dear ones to COVID-19, the apex court directed the Central government to provide minimal relief to the families.  

The court, however, did not mention any specific amount but directed the government to provide reasonable ex gratia. A Bench, comprising Justices Ashok Bhushan, Vineet Saran and M R Shah, also ordered the authorities to prepare a set of guidelines on ex gratia within six weeks.

The Supreme Court also directed the government to consider the Finance Commission’s recommendation for a special insurance plan for crematorium workers.  

The petitioners, Advocates Reepak Bansal and Gaurav Kumar Bansal, sought an ex gratia of Rs 4 lakh to the families of those who died of COVID-19 or mucormycosis (black fungal infection), besides a uniform COVID death certificate. 

Justice Shah said the government cannot wash its hands of the responsibility of providing ex gratia citing financial constraints. The ex gratia is legal, mandatory and non-discriminatory, the court said. 

Clarity must in death certificate

The Supreme Court on Wednesday said death certificates of COVID-19 victims should show the exact date and real cause of death. 

A mechanism to make corrections to the death certificate, if the relatives have any complaint, should be put in place. The court also directed the government to issue guidelines to simplify the process for providing death certificates. 

Four lakh deaths in India

As many as four lakh people have died of COVID-19 in India, according to official statistics. There are, however, complaints that COVID deaths have been underreported in the country.

The Supreme Court, in its order, has mentioned 3.85 lakh deaths.