- Sunday, February 23, 2025
By: Shubham Ghosh
Shubham Ghosh
THE Narendra Modi government of India has told India’s Supreme Court that an ex-gratia payment of Rs 4 lakh (around $5,400) cannot be paid to the kin of those who have died of Covid since the finances of both the central and state governments are under severe strain.
The Ministry of Home Affairs said in an affidavit filed before the apex court that the central government has, by the ways of “Minimum Standard Relief” under Section 12 of the Disaster Management Act of 2005, taken several measures for substantial and speedy relief for every citizen, be it in terms of health, infrastructure and food security.
“The prayer of the petitioner for payment of ex-gratia to all deceased persons due to COVID-19 is beyond the fiscal affordability of the state governments. Already the finances of state governments and the central government are under severe strain due to the reduction in tax revenues and increase in health expenses on account of the pandemic.
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Thus, utilisation of scarce resources for giving ex-gratia may have unfortunate consequences of affecting the pandemic response and health expenditure in other aspects and hence cause more damage than good. It is an unfortunate but important fact that the resources of the governments have limits and any additional burden through ex-gratia will reduce the funds available for other health and welfare schemes,” the affidavit said.
It also said that under Section 12 of the 2005 disaster management act, the “National Authority” which is empowered to recommend guidelines for the minimum standards of relief, including ex-gratia assistance, and this is a function which is entrusted to the authority by the law passed by the Parliament.
“It is well settled through numerous judgements of the Supreme Court that this is a matter which should be performed by the authority, to whom it has been entrusted and not one where the Court will substitute its own judgement for the decision to be taken by the Executive. Any attempt to second guess may create unintended and unfortunate constitutional and administrative ramifications. It may also be noted that the term ‘ex-gratia’ itself connotes that the amount is not based on legal entitlement,” the affidavit added.
The Centre also told the top court that it would be incorrect to say that the help can be provided only by means of ex-gratia assistance as “it would be a rather pedantic and narrow approach”. It said a broader approach involving health interventions, social protection and economic recovery for the affected communities would be a “more prudent, responsible and sustainable approach”. It said governments in other countries also followed such an approach and announced interventions that gave fiscal stimulus, adding that the Government of India also has taken a similar approach.
On June 11, the central government had told the Supreme Court that issues like seeking directions for ex-gratia compensation of Rs 4 lakh to the families of those who died of the deadly virus are “genuine” and under consideration.
SC sought government response in May
Last month, the Supreme Court sought the Modi government’s response on two petitions seeking ex-gratia compensation of Rs 4 lakh to the families of those who died of Covid and said there should be a uniform policy for issuing death certificates to those who succumbed. It also asked the government to place before it the ICMR (Indian Council of Medical Research) guidelines on death certificates for Covid victims.
Advocate Gaurav Kumar Bansal, one of the petitioners, had argued that under Section 12(iii) of the 2005 act, every family whose member died due to disaster is entitled for the ex-gratia compensation of Rs 4 lakh. According to him, Covid-19 has been declared as a disaster and as per the order dated April 8, 2015, every family whose member dies due to disaster is entitled for ex-gratia compensation of Rs 4 lakh. The counsel, appearing for another petitioner Reepak Kansal, argued that a large number of deaths were taking place due to Covid-19 and death certificates need to be issued, as only after that the affected families can claim compensation under section 12 (iii) of the Act. In his plea, Kansal also said that states should be directed to fulfil their obligation to take care of victims of Covid-19 and also their family members.
