Case Note & Summary
The Supreme Court addressed two writ petitions filed in public interest seeking directions for ex gratia compensation for families of those who died due to Covid-19. The petitioners argued that Covid-19 is a 'Notified Disaster' under the Disaster Management Act, 2005 (DMA 2005), which mandates the provision of compensation. They sought Rs. 4 lacs for each deceased family, along with accurate death certificates and social security measures. The court heard arguments from various advocates, including those representing intervenors who lost family members. The petitioners contended that the government had a statutory and constitutional duty to provide this compensation, citing Section 12 of the DMA 2005, which requires the National Disaster Management Authority to recommend guidelines for relief. They emphasized that the term 'shall' in the Act indicates a mandatory obligation. The Union of India, while acknowledging Covid-19 as a disaster, argued that the nature of the pandemic required different treatment under the DMA and that fiscal constraints limited their ability to provide compensation. The court, however, held that the government could not evade its responsibilities due to financial limitations and that the right to life under Article 21 of the Constitution necessitated the provision of compensation. The court directed the government to fulfill its obligations under the DMA 2005, ensuring that families of Covid-19 victims receive the mandated compensation and that accurate death certificates are issued. The decision underscored the importance of social security and the government's duty to protect its citizens during disasters.
Headnote
A) Disaster Management - Ex Gratia Compensation - Obligation to Provide - Disaster Management Act, 2005, Section 12 - The court held that the Central and State Governments have a statutory and constitutional obligation to provide ex gratia compensation of Rs. 4 lacs to families of those who died due to Covid-19, as it is a 'Notified Disaster'. The court emphasized that the word 'shall' in Section 12 indicates a mandatory duty to recommend guidelines for relief (Paras 3.1-3.4). B) Right to Life - Compensation for Loss of Life - Constitutional Obligation - Constitution of India, Article 21 - The court recognized that the failure to provide compensation for loss of life due to Covid-19 violates the right to life, necessitating government action to ensure social security for affected families (Paras 4.7-4.8). C) Fiscal Affordability - Government's Duty - Disaster Management Act, 2005 - The court rejected the argument of fiscal constraints as a valid reason to deny compensation, asserting that the government must fulfill its statutory obligations regardless of financial limitations (Paras 5.2-5.3).
Issue of Consideration
Whether the Central and State Governments are obligated to provide ex gratia compensation to families of deceased due to Covid-19 under the Disaster Management Act, 2005.
Final Decision
The Supreme Court directed the Central and State Governments to provide ex gratia compensation of Rs. 4 lacs to families of those who died due to Covid-19, emphasizing the mandatory nature of this obligation under the Disaster Management Act, 2005. The court also mandated the issuance of accurate death certificates to ensure beneficiaries receive due benefits.
Law Points
- Disaster Management
- Ex Gratia Compensation
- Right to Life
- Statutory Obligation
- Fiscal Affordability
