Thread by @barandbench

Supreme Court Bench headed by Justice Ashok Bhushan hears a plea seeking ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of deceased who have succumbed to the #COVID19 pandemic

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Justice Ashok Bhushan: Where is the letter dated April 8, 2015?

Advocate Gaurav Kumar Bhansal: in that letter it stated that all states were directed to implement this scheme

Senior Adv SB Upadhyay: we are seeking that giving effect to Section 12, a certificate needs to be issued that death is due to #covid ... there are cases where the bodies are being taken from mortuary to cremation ground. there needs to be a certificate

Upadhyay: large number of deaths are taking place and certificates need to be issued. Then in pursuance of section 12 compensation needs to be paid

Justice Bhushan: has this payment been made by any state?

Upadhyay: no

Justice Shah: scheme ended in 2020. you want a similar scheme to be implemented now

Upadhyay: I want the scheme to be extended to future too

Justice Bhushan: there is no prayer in that regard

Justice Bhushan: Let a Union of India file a reply

Upadhyay: there is a letter of March 14, 2020. which says to give benefit under NDMA Act the disaster has to be natural one. COVID was notified as a disaster.

Justice Bhushan: govt has to come up with a scheme.

Upadhyay: Justice Shah is correct scheme ended in 2020. So our prayer is benefit of section 12 should be given now as well

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Justice Shah to Centre: is there a uniform policy on death certificates as there are many situation where reason is not given as COVID. States say they follow icmr guidelines, produce the guidelines about the death certificates.

Justice Shah: if benefit is to be given to covid deaths, then reasons like lung problem etc is given. so people have to go from one office to another. what is the uniform policy in this regard

ASG: We have not been served yet.

Justice Bhushan: this plea seeks ex gratia payment of 4 lacs for the families of those who have succumbed to covid19. petitioners state that State Disaster Relief Funds have an amount of ex gratia payment but no uniform policy and thus difficulty in availing benefits.

Justice Bhushan: Centre seeks time to file response and place all schemes under Section 12(3) of the DMA as well as letter dated April 8, 2015. any policy or guideline for death certificates for covid patients may also be brought on record. we grant 10 days for reply.

Justice Bhushan: reply to have ICMR guidelines too.

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Matter to be heard next on June 11, 2021.

#supremecourt

SG Mehta joins the hearing

Justice Shah: its not fair for the family as reason for death is often a different one when the death is actual covid.

SG: I understand what is falling from you

Justice Shah: there are other complications too