News Analysis India

Tag: ex gratia

  • Teams sent to 4 states to verify ex gratia claims

    By Express News Service

    NEW DELHI:  Complying with a Supreme Court order, the Union health ministry has rushed teams to Maharashtra, Gujarat, Andhra Pradesh and Kerala for random scrutiny of claims filed for Covid-19 ex gratia compensation. 

    The teams will examine on-field implementation of the ex gratia being paid as per the directions of the Supreme Court and guidelines issued by the National Disaster Management Authority. They will conduct random scrutiny of 5 per cent of applications for payment of ex gratia assistance.

    The central teams will also ascertain the process followed for payment, examine details of cases approved or rejected and documents verified by the district authorities. The court had on March 24 emphasised that making a false claim and/or producing a false certificate to avail of the compensation is liable for punishment under Section 52 of Disaster Management Act, 2005. State officials will assist the central teams. Under the ex gratia scheme, families of people, who died due to Covid-19 are entitled to Rs 50,000.

    ‘WHO order routine’Professor Balram Bhargava, director general of the Indian Council of Medical Research (ICMR), has said that the World Health Organisation (WHO) suspension of Covid-19 vaccine Covaxin is a “routine” matter and that its manufacturer Bharat Biotech is improving its facilities. “(It is a) routine thing that (has) happened. Inspection of the facilities is a routine,” Bhargava said at an event on Thursday.

  • SC allows Centre’s plea to probe into false Covid-19 compensation claims

    By Express News Service

    NEW DELHI: The Supreme Court on Thursday allowed the Centre to carry out random scrutiny of 5% applications of covid compensation claims by the states of Andhra Pradesh, Gujarat, Kerala, and Maharashtra.

    The Supreme Court order comes on a plea filed by the Union Government that sought a time limit for submitting claims for Covid-19 death compensation and also seeking measures to clear out fake claims.

    “…The concerned States are directed to assist in carrying out the scrutiny of the claim applications as ordered above and submit all the necessary particulars of the respective claims that have been attended/processed to the Ministry of Health and Family Welfare, who shall carry out the scrutiny within a period of three months from today and submit the report before this Court. If it is found that anybody has made a fake claim, the same shall be considered under Section 52 of the Act, 2005 and liable to be punished accordingly,” the order reads.

    The top court has also fixed the outer limit of sixty days from today to file the claims for compensation in case the death occurred due to Covid-19 prior to March 20, 2022.

    “For future deaths, ninety days’ time is provided from the date of death due to Covid-19 to file the claim for compensation. The earlier order to process the claims and to make the actual payment of compensation within a period of thirty days from the date of receipt of claim is ordered to be continued,” the order further reads.

    However it has been clarified that in case of extreme hardship any claimant could not make an application within the time prescribed, it will be open for the claimant to approach the Grievance Redressal Committee and make the claim through Grievance Redressal Committee which shall be considered by it on case to case basis and if it is found by the committee that a particular claimant could not make the claim within the stipulated time which was beyond their control his/her case may be considered on merits.

    The Centre had sought permission for any central agency to undertake sample scrutiny to verify the claimed documents processed by respective state governments for grant of ex gratia payment and take steps thereafter in accordance with the law.

    The top court said that nobody can be permitted to avail the ex-gratia compensation by making a false claim and/or submitting the false certificate. A claimant is entitled to the ex-gratia of Rs.50,000/- being a kin/family member of those, who died due to COVID-19.

    “… nobody can be permitted to misuse the same and it is also against morality and is unethical, which can never be accepted.“ it added.

  • NDMA recommended Rs 50,000 ex-gratia to kin of those who lost lives to COVID, Centre tells SC

    By PTI

    NEW DELHI: The National Disaster Management Authority (NDMA) has recommended that Rs 50,000 be given to the kin of those who died of COVID-19, the Centre informed the Supreme Court on Wednesday.

    It said that ex-gratia assistance will also be given to the kin of those who died of the virus due to involvement in COVID-19 relief operations or activities associated with the preparedness for dealing with the pandemic.

    The ex-gratia assistance will be given subject to the cause of death being certified as COVID-19 as per the guidelines issued by Ministry of Health and Family Welfare and ICMR, the government said.

    It added that the ex-gratia assistance will be provided by states from State Disaster Response Fund (SDRF).

    On September 3, the top court had expressed displeasure over delay in framing of guidelines for issuance of death certificates to the families of those who died of COVID-19.

    The apex court had in its June 30 verdict directed the NDMA to recommend within six weeks the guidelines for ex-gratia assistance on account of loss of life to the family members of persons who died due to COVID-19.

  • CM must honour promise, says Delhi HC as cop’s wife seeks Rs 1 crore ex-gratia on husband’s death

    By PTI
    NEW DELHI:  A day after it was held that a Chief Minister’s promise to citizens is clearly “enforceable,” the Delhi High Court on Friday told the Delhi government that it should honour his promise of granting Rs one crore ex-gratia to the family of a constable who died due to COVID-19 on line of duty.

    “You have to honour the promise. Your Chief Minister cannot make promises for ABC reasons,” Justice Rekha Palli orally observed and referred to the judgement delivered on Thursday by the high court which directed the AAP government to decide on Arvind Kejriwal’s announcement that if a poor tenant was unable to pay rent during the COVID-19 pandemic, the state would pay it.

    “The Chief Minister has to honour his promises”, Justice Palli observed while hearing a plea seeking direction to the government to disburse the promised Rs one crore ex-gratia to the family of Delhi Police Constable Amit Kumar’s wife seeking Rs one crore ex-gratia on husband death due to COVID-19.

    The judge granted time to Delhi government to file certain additional documents and listed the matter for October 4.

    Justice Palli also referred to the judgement delivered by Justice Prathiba M Singh on Thursday in which it was held that a Chief Minister’s promise to citizens is clearly “enforceable”.

    In the present case, the court noted that the petition was primarily based on the tweet issued by the chief minister in which it was categorically stated by him that Rs one crore will be given to the family members of constable Amit Kumar.

    The Delhi government, in its reply filed in the court, said Kumar cannot be granted the amount since he was not deployed on COVID-19 duty.

    The reply, filed through Delhi government standing counsel Santosh Kumar Tripathi, said the case of Kumar was examined in terms of Cabinet decision and he was not found covered as he was not deployed on the COVID-19 duty by the Delhi government and the decision was conveyed to the DCP, north west on November 2, 2020.

    Constable Kumar’s wife Pooja, in her plea filed through advocates Sundeep Sehgal and Anand Prakash Sharma, said she was running from pillar to post to secure the compensation promised by Chief Minister Arvind Kejriwal in a tweet on May 7, 2020, a day after the death of her husband.

    The plea referred to Kejriwal’s tweet stating, “Amitji did not care for his life and kept serving us Delhi people. He got infected with corona and passed away. I pay homage to him on behalf of all the Delhites. His family shall be given an ex-gratia of Rs 1 crore.”

    The court had earlier issued notice on the plea in which the woman submitted that Kumar was the sole breadwinner of the family and due to his death, she was in a dire financial crisis.

    The woman said her husband was the first person from the force to succumb to COVID-19 and that she was pregnant at the time of her husband’s death and now has two children — one aged five years and the other five months.

  • SC reserves verdict on Rs 4 lakh ex-gratia compensation to kin of COVID-19 deceased

    By PTI
    NEW DELHI: The Supreme Court Monday reserved verdict on the pleas seeking directions that ex-gratia compensation of Rs 4 lakh be paid to the families of those who have died of COVID-19.

    A special vacation bench comprising Justices Ashok Bhushan and M R Shah heard Solicitor General Tushar Mehta and senior advocate S B Upadhyay and other lawyers for almost two hours.

    The top court asked the parties to file written submissions in three days and specifically directed the Centre to simplify the process of grant of death certificates to the dependents of those who have died of COVID-19.

    The Centre had earlier the apex court that the ex-gratia compensation of Rs 4 lakh cannot be paid to the families of those who have died of COVID-19 as the finances of state governments and the Centre are under severe strain.

    In an affidavit filed before the top court, the Ministry of Home Affairs said the Centre submitted that it has by ways of “Minimum Standard Relief” under section 12 of the Disaster Management Act, 2005, taken several steps providing for substantial and speedy measures by way of, increase in the health, infrastructure, ensuring food safety to every citizen.

    Advocate Gaurav Kumar Bansal, one of the petitioners in the matter, had argued that under section 12(iii) of the Disaster Management Act, 2005, every family whose member died due to disaster is entitled for ex-gratia compensation of Rs 4,00,000.

    He had argued that since 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, had 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 family members can claim compensation under section 12 (iii) of the Act.

    In his plea, Kansal has said that states should be directed to fulfil their obligation to take care of victims of COVID-19 and also their family members.

  • Considering issues regarding ex-gratia to kin of those who died of COVID, Union government tells SC

    By PTI
    NEW DELHI: The Centre on Friday told the Supreme Court that issues raised in the pleas, seeking directions for ex-gratia compensation of Rs 4,00,000 to the families of those who have died of COVID-19, are “genuine” and are under consideration of the government.

    Solicitor General Tushar Mehta, appearing for the Centre, requested a bench of Justices Ashok Bhushan and M R Shah to give him some time so that he can file a reply on the pleas.

    “The issues are genuine and are being attended to. If the court will grant me some time, I will file a reply,” Mehta told the bench.

    The apex court observed that as per media reports, the Bihar government has already announced that it would give Rs 4,00,000 ex-gratia to families of those who have died due to COVID-19.

    When the counsel appearing for one of the petitioners said that authorities are not issuing death certificates to those succumbing to the deadly virus, Mehta said, “Let me put in my reply. I have already said that issues raised are genuine”.

    During the hearing conducted through video-conferencing, the counsel also referred to the issue of black fungus.

    “We are granting you time. We can have it on next Friday,” the bench told Mehta, who requested the bench to grant two-week time.

    “Why two weeks?,” the bench asked, adding that earlier it had given 10 days to the Centre to file affidavit in the matter.

    Mehta said, “The entire machinery is diverted. Please have it after two weeks.”

    “Tushar Mehta, the solicitor general submits that the issues are under consideration of the Union of India and he shall file a reply and thereafter the matter may be heard.

    As prayed, time is allowed to file a reply.

    List these petitions on June 21, 2021.

    The reply be served on the counsel for the petitioners by June 18,” the bench said in its order.

    On May 24, the top court had sought the Centre’s reply on two petitions seeking ex-gratia compensation of Rs four lakh to the families of those who have died of COVID-19 and had said that there should be a uniform policy for issuing death certificates to those succumbing to the virus.

    The court had also asked the Centre to place before it the ICMR guidelines on death certificates for COVID-19 victims, saying there should be uniform policy for issuing such documents.

    The counsel appearing for the Centre had on May 24 sought time to obtain instructions and bring all relevant materials regarding the scheme under Section 12(iii) of the Disaster Management Act, 2005 as well as the letter dated April 8, 2015 issued by the Ministry of Home Affairs with regard to compensation.

    The apex court is hearing two separate pleas seeking directions to the Centre and the states to provide Rs four lakh compensation to the families of coronavirus victims as provisioned under the Act, and a uniform policy for issuing death certificates.

    Advocate Gaurav Kumar Bansal, one of the petitioners in the matter, had argued that under section 12(iii) of the Disaster Management Act, 2005, every family whose member died due to disaster is entitled for ex-gratia compensation of Rs 4,00,000.

    He had argued that since 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, had argued that large number of deaths were taking place due to COVID-19 and death certificates need to be issued, as only after that the affected family members can claim compensation under section 12 (iii) of the Act.

    In his plea, Kansal has said that states should be directed to fulfil their obligation to take care of victims of COVID-19 and also their family members.