Case Note & Summary
The Supreme Court of India, in a miscellaneous application arising from a writ petition, was tasked with monitoring compliance with its earlier judgment and order dated 30.06.2021. The background involved a writ petition where the Court had directed the National Disaster Management Authority (NDMA) to recommend guidelines for ex-gratia assistance to families of persons who died due to COVID-19, as mandated under Section 12(iii) of the Disaster Management Act, 2005, and had also directed the appropriate authority to issue simplified guidelines for death certificates stating the cause as 'Death due to COVID-19'. The facts showed that the NDMA was initially given six weeks to frame guidelines, with an extension granted until 16.08.2021. The legal issue centered on whether the NDMA and Union of India had complied with these directions. In arguments, the Union of India filed affidavits detailing compliance: for ex-gratia assistance, NDMA issued guidelines on 11.09.2021 recommending Rs.50,000 per deceased, to be disbursed from the State Disaster Response Fund by District Disaster Management Authorities; for death certificates, the Ministry of Health and Family Welfare and Indian Council of Medical Research issued guidelines on 3.9.2021, with the Registrar General of India issuing a circular on the same date. The Court's analysis involved reviewing these affidavits and guidelines to ensure they aligned with the statutory obligations under the Disaster Management Act, 2005, and the earlier Court directions. The Court found that the guidelines provided for ex-gratia payment, source of funds, disbursement procedures including Aadhaar-linked Direct Benefit Transfer within 30 days, and grievance redressal mechanisms. For death certificates, the guidelines defined COVID-19 deaths, included a 30-day timeframe from testing, and established district-level committees for corrections. The decision was that the Court noted the compliance, effectively disposing of the miscellaneous application as the directions had been fulfilled, with the guidelines now in place to provide relief to affected families.
Headnote
A) Disaster Management - Ex-Gratia Assistance - Compliance with Court Directions - Disaster Management Act, 2005, Section 12(iii) - The Supreme Court had directed NDMA to recommend guidelines for ex-gratia assistance to families of COVID-19 deceased under Section 12(iii) within six weeks. In this miscellaneous application, the Court noted NDMA's compliance via guidelines dated 11.09.2021 recommending Rs.50,000 per deceased, disbursed through SDRF by DDMA. Held that the guidelines comply with the earlier directions, with disbursement to be through Aadhaar-linked DBT within 30 days of claim submission. (Paras 1-4) B) Disaster Management - Death Certification - Simplified Guidelines - Registration of Birth and Death Act, 1969, Section 10 - The Court had directed issuance of simplified guidelines for death certificates stating 'Death due to COVID-19'. The Union of India filed an affidavit stating compliance through MoHFW and ICMR guidelines dated 3.9.2021 and RGI circular dated 3.9.2021. The guidelines define COVID-19 deaths, include a 30-day timeframe from testing, and establish district-level committees for grievance redressal. Held that these guidelines comply with the Court's directions, ensuring proper certification and correction mechanisms. (Paras 5-7)
Issue of Consideration
Whether the National Disaster Management Authority and Union of India have complied with the Supreme Court's directions dated 30.06.2021 regarding ex-gratia assistance and issuance of death certificates for COVID-19 deaths
Final Decision
The Supreme Court noted the compliance by NDMA and Union of India with the directions dated 30.06.2021, as evidenced by the guidelines issued for ex-gratia assistance and death certificates, effectively disposing of the miscellaneous application
Law Points
- Disaster Management Act
- 2005
- Section 12(iii) mandates minimum standards of relief
- including ex-gratia assistance for loss of life due to disaster
- Court's power to issue directions for compliance with statutory obligations
- Judicial review of administrative guidelines for ex-gratia payment and death certification
