Supreme Court Directs Ex-Gratia Payment for COVID-19 Deaths: Gaurav Kumar Bansal vs. Union of India (2021)

Introduction

Date of the Judgment: October 4, 2021
Citation: Miscellaneous Application No. 1120 of 2021 in Writ Petition (Civil) No. 539 of 2021
Judges: M.R. Shah, J. and A.S. Bopanna, J.

How can the government ensure that families who lost loved ones to COVID-19 receive adequate support? The Supreme Court of India addressed this critical question by directing the government to provide ex-gratia assistance to the families of those who died due to COVID-19. This order aims to provide financial relief and streamline the process of obtaining death certificates. The judgment was delivered by a bench comprising Justice M.R. Shah and Justice A.S. Bopanna.

Case Background

The Supreme Court was addressing a writ petition concerning the management of the COVID-19 pandemic. The court had previously issued a judgment on June 30, 2021, directing the National Disaster Management Authority (NDMA) to recommend guidelines for ex-gratia assistance to the families of those who died from COVID-19, as mandated by Section 12(iii) of the Disaster Management Act, 2005. The court also directed the appropriate authority to issue simplified guidelines for death certificates stating “Death due to Covid-19”.

The NDMA was given six weeks to recommend the ex-gratia guidelines, which was later extended by four weeks. The Union of India filed affidavits detailing the steps taken to comply with the court’s directions.

Timeline:

Legal Framework

The core legal provision in this case is Section 12(iii) of the Disaster Management Act, 2005 (DMA 2005). This section mandates the National Disaster Management Authority (NDMA) to recommend guidelines for minimum standards of relief to persons affected by disasters. The Supreme Court interpreted this to include ex-gratia assistance for the families of those who died due to the COVID-19 pandemic.

Section 12(iii) of the DMA 2005 states:
“lay down guidelines for the minimum standards of relief to be provided to persons affected by disaster.”

Arguments

The Union of India submitted that the NDMA had prepared guidelines recommending an ex-gratia payment of Rs. 50,000 to the next of kin of those who died due to COVID-19. They also stated that the Ministry of Health & Family Welfare and the Indian Council of Medical Research (ICMR) jointly issued guidelines for issuing official documents for COVID-19 related deaths.

The petitioner raised concerns about the guidelines, particularly regarding the exclusion of deaths due to poisoning, suicide, homicide, and accidents, even if COVID-19 was an accompanying condition. There were also concerns about the procedure for correcting death certificates issued before the new guidelines and the Grievance Redressal Mechanism.

The Union of India clarified that death certificates issued before the guidelines could be reviewed and corrected. They also stated that a District Level Committee would consider disputes between hospitals and families regarding the cause of death.

The Union of India also agreed that families of those who committed suicide within 30 days of testing positive for COVID-19 would also be entitled to financial help.

Issues Framed by the Supreme Court

The Supreme Court addressed the following issues:

1. Whether the ex-gratia assistance of Rs. 50,000 is adequate and in accordance with Section 12(iii) of the DMA 2005.
2. Whether the guidelines for issuing death certificates are adequate and provide a remedy for families not satisfied with the cause of death mentioned in the certificate.
3. Whether the grievance redressal mechanism is sufficient and accessible.
4. Whether families of those who committed suicide within 30 days of testing positive for COVID-19 should be included for financial help.

Treatment of the Issue by the Court:

Authorities

The Court considered the following authorities:

• Section 12(iii) of the Disaster Management Act, 2005 (DMA 2005) – mandates guidelines for minimum standards of relief to persons affected by disaster.
• Guidelines issued by the National Disaster Management Authority (NDMA) on 11.09.2021 – recommending Rs. 50,000 ex-gratia payment.
• Guidelines issued by the Ministry of Health & Family Welfare and the Indian Council of Medical Research (ICMR) on 3.9.2021 – for issuing official documents for COVID-19 related deaths.

Judgment

The Court directed that the ex-gratia payment of Rs. 50,000 should be disbursed within 30 days of submitting the application with proof of death due to COVID-19. The cause of death mentioned in the death certificate is not conclusive, and other documents can be submitted to claim the ex-gratia payment.

The Court also clarified the criteria for considering a death as due to COVID-19, including deaths within 30 days of testing positive and deaths of patients admitted for more than 30 days.

The Court also directed that a family member of the deceased who committed suicide within 30 days from being diagnosed as Covid-19 positive shall also be entitled to avail the financial help/ex-gratia assistance of Rs. 50,000/- as granted under the SDRF.

The Court directed that all hospitals must provide necessary treatment documents to the family members of the deceased.

The court stated, “no State shall deny the ex-gratia assistance of Rs.50,000/- to the next of the kin of the deceased died due to Covid-19 solely on the ground that in the death certificate issued by the appropriate authority, the cause of death is not mentioned as “Died due to Covid-19”.”

The court further stated, “all concerned authority shall act as a helping hand, so as to wipe off the tears of those who have suffered due to loss of a family member died due to Covid-19”

The court also stated, “if a family member satisfies the eligibility criteria mentioned in paragraphs 11(i) to 11(iv) as above shall also be entitled to the ex-gratia payment of Rs. 50,000/- on production of requisite documents as observed hereinabove”

The Court directed the National Disaster Management Authority (NDMA), Ministry of Health and Family Welfare, Union of India to issue guidelines incorporating the directions issued by the court, which shall be binding on all States and Union Territories.

What Weighed in the Mind of the Court?

The Supreme Court’s decision was driven by a strong sense of compassion and a commitment to ensuring that families affected by the COVID-19 pandemic receive adequate support. The court emphasized the need for a simple and accessible process for claiming ex-gratia assistance, while also ensuring that no family is denied this assistance due to technicalities in death certificates.

The Court’s reasoning was heavily influenced by the need to provide relief to the families who have suffered immensely due to the loss of their loved ones. The Court’s emphasis was on a humane approach, ensuring that the process is not cumbersome and that the families are given all the necessary assistance to access the ex-gratia payment.

The court also took into consideration the need to define a COVID-19 death, which was done by relying on the guidelines issued by the Ministry of Health and ICMR. The court also ensured that the grievance redressal mechanism is robust and accessible to all.

Key Takeaways

• ✓ Families of those who died due to COVID-19 are entitled to a minimum ex-gratia payment of Rs. 50,000.
• ✓ The ex-gratia payment will be provided by the States from the State Disaster Response Fund (SDRF).
• ✓ The ex-gratia payment will be disbursed by the District Disaster Management Authority (DDMA).
• ✓ Deaths occurring within 30 days of testing positive for COVID-19 are considered COVID-19 deaths.
• ✓ Deaths of patients admitted for more than 30 days are also considered COVID-19 deaths.
• ✓ Death certificates are not the sole basis for denial of ex-gratia payment.
• ✓ A Grievance Redressal Committee at the district level will address issues related to death certificates and ex-gratia payments.
• ✓ Families of those who committed suicide within 30 days of testing positive for COVID-19 are also entitled to ex-gratia assistance.

Directions

The Supreme Court issued the following directions:

• The next of kin of the deceased who died due to COVID-19 shall be paid ex-gratia assistance of Rs. 50,000.
• The ex-gratia assistance shall be provided by the concerned States from the State Disaster Response Fund (SDRF).
• The ex-gratia assistance shall be disbursed by the District Disaster Management Authority/District Administration.
• Full particulars of the District Disaster Management Authority/District Administration shall be published in print and electronic media.
• The ex-gratia assistance shall be disbursed within 30 days of submitting the application.
• No State shall deny ex-gratia assistance solely on the ground that the cause of death is not mentioned as “Died due to Covid-19” in the death certificate.
• A Grievance Redressal Committee shall be constituted at the district level to address grievances.
• The Committee shall carry out the directions as mentioned in the judgment while considering the case of the deceased as Covid-19.
• All States shall constitute such Committee within a period of one week from today.
• A family member of the deceased who committed suicide within 30 days from being diagnosed as Covid-19 positive shall also be entitled to avail the financial help/ex-gratia assistance of Rs. 50,000/-.
• The National Disaster Management Authority (NDMA), Ministry of Health and Family Welfare, Union of India are directed to issue guidelines to the concerned States/Union Territories incorporating the directions issued by the court.

Development of Law

The ratio decidendi of this case is that the families of those who died due to COVID-19 are entitled to a minimum ex-gratia payment of Rs. 50,000, and the process for obtaining this assistance should be simple and accessible. The court also clarified the definition of a COVID-19 death for the purpose of ex-gratia assistance, which includes deaths within 30 days of testing positive and deaths of patients admitted for more than 30 days.

This judgment clarifies the obligations of the government under Section 12(iii) of the DMA 2005 and ensures that the families of those who died due to COVID-19 receive the necessary financial support.

Conclusion

The Supreme Court’s order in Gaurav Kumar Bansal vs. Union of India is a significant step towards providing relief to families affected by the COVID-19 pandemic. The court’s direction for ex-gratia payments, along with clear guidelines for issuing death certificates and a robust grievance redressal mechanism, ensures that families receive the support they need during these difficult times. The judgment also clarifies that death certificates should not be the sole basis for denial of ex-gratia payment, and that families of those who committed suicide within 30 days of testing positive for COVID-19 are also entitled to financial assistance.