Centre to SC: Maximise COVID-19 management over victim compensation

On Monday, in its response to the Supreme Court's request for ex gratia compensation of ₹4 lakh to the families of COVID-19 victims, the federal government stated that it prioritises management for COVID-19 overcompensation.

While rejecting the notion of ex-gratia compensation, the government noted that, due to COVID-19 management, the national and state government's finances are already under tremendous strain, and that compensating another ₹4 lakh would be beyond the government's fiscal capacity.

The statement comes in response to the Supreme Court's request for the Centres' position on a petition. Back in May, the top court had sought the Centre's response on two petitions: providing ₹4 lakh to families of those who lost loved ones to COVID-19 and establishing a consistent policy for giving death certificates to individuals who died as a result of the virus.

Coming before the court, Solicitor General Tushar Mehta stated, "It’s not that we don't have money; it is that our concentration is on the expenditure of money for other things" [such as public health initiatives, social protection, and economic recovery for impacted areas, etc.].

On this, senior advocate S.B. Upadhyay, who represented the petitioners in court, stated that if the administration has the funds, it is required to comply with Section 12 of the Disaster Management Act by providing ex gratia assistance to COVID-19 victims, noting that it was the government itself that declared COVID-19 a national disaster.

A petitioner, advocate Gaurav Kumar Bansal, stated, "The sum can be little or large, but some support needs to be offered to families, some of whom have lost their sole breadwinners." Families of frontline fighters who died in the course of duty must not be abandoned.

Following additional deliberation, the court reserved the petitions for decision.

What's the major issue?

The Centre has informed SC that compensation for ₹4 lakh cannot be provided to the families of individuals who died as a result of COVID-19. According to the government, a compensation of ₹4 lakh is beyond budgetary affordability, and both the national and state governments' resources are under tremendous strain.

The Ministry of Home Affairs stated in an affidavit filed before the Supreme Court that the Centre submitted that it has taken several steps providing for substantial and speedy measures by way of increase in health, infrastructure, and ensuring food safety to every citizen through "Minimum Standard Relief" under Section 12 of the Disaster Management Act, 2005.

On 11th June, the Centre informed the Supreme Court that the problems stated in the petitions, which sought ex gratia payments of ₹4,00,000 to the relatives of individuals who died as a result of COVID-19, are "real" and are being considered by the government.

On 24th May, the Supreme Court requested the Centre's response to two petitions seeking ₹4 lakh in compensation for the families of those who died as a result of Covid-19, and stated that there should be a standard procedure for providing death certificates to individuals who died as a result of the virus.