Thread by @barandbench

#SupremeCourt bench led by Justice Ashok Bhushan to deliver judgment on a plea seeking directions to the Centre & States to provide ex-gratia #compensation of Rs. 4 lakh to the family members of those who have succumbed to the COVID-19 disease and post #COVID19 complications

The bench while reserving judgment had sought to know from the Central government on whether the National Disaster Management Authority (NDMA) had considered the prayer for payment of such ex-gratia payments and rejected the same.

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#SupremeCourt : We have pursued provisions of the DM Act and we have held that word in Section 12 should read as shall which is mandatory.

#covid19 #exgratia #compensation

#SupremeCourt : To construe the word shall as may and make it discretionary the purpose of DM Act will be defeated.

#covid19 #exgratia #compensation

#SupremeCourt : Section 12 shall include ex gratia compensation too. There is nothing on record to show the guidelines for the minimum standard of relief, since section 12 is mandatory national authority has to prescribe guidelines which includes ex gratia

#covid19 #exgratia

#SupremeCourt : by not prescribing guidelines national authority has failed to perform its job under section 12 of the act.

#covid19 #exgratia #compensation

#SupremeCourt : We have discussed scope of judicial review. Govt has to decide its own priorities and look at providing food shelter and transportation to migrants and deal with effects of pandemic on economy

#covid19 #exgratia #compensation

#SupremeCourt : ex gratia compensation will have financial implications on relief to be provided to the ones who are affected by the disaster. centre policy is based on number of factors etc thus its not proper for this court to direct a particular amount of compensation

#SupremeCourt : We direct NDMA to form guidelines for ex gratia compensation for family members of persons who succumbed to covid as per minimum standards of relief. WHat reasonable amount to be provided is left to wisdom of national authority

#covid19 #exgratia #compensation

#SupremeCourt : The guidelines be put in place within 6 months. The death certificate issue will have simple guidelines issued which will have date and cause of death. There will be also facility for correcting the cause of death if family is not satisfied

#covid19 #exgratia

#SupremeCourt : regarding insurance scheme, the Centre to take steps according to the 15th Finance Commission report. All pleas stand disposed off.

#covid19 #exgratia #compensation

[BREAKING] Supreme Court orders NDMA to frame guidelines for paying ex gratia compensation to families of persons who succumbed to Covid-19

report by @DebayonRoy

#COVID19 #SupremeCourt

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