| Headnote |
Covid-19 Pandemic: Disaster Management Act, 2005 – ss.12, 2(d), 2(e), 2(i), 2(m), 6, 10, 19, 46 and 48 – Prayer for directions to National Disaster Management Authority (NDMA)/Central Government/State Governments to provide ex gratia monetary compensation to the families of the deceased persons who succumbed to the pandemic of Covid-19, in view of s.12 of the Act – Whether the word “shall” used in s.12 of the Act is to be interpreted and considered as “shall” or “may” and whether it is “mandatory” or “directory/discretionary” for the National Disaster Management Authority to recommend guidelines for the minimum standards of relief to be provided to persons affected by disasters including ex gratia assistance on account of loss of life – Held: To construe the word “shall” as “may” and as directory/ discretionary, the very object and purpose of the Act will be defeated – The word “shall” used twice in s.12 significantly imposes a duty cast upon the National Disaster Management Authority to issue guidelines for the minimum standards of relief which shall include ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood – Provisions of s.12 has to be applied to Covid-19 pandemic which is declared as “notified disaster”/national disaster – National Disaster Management Authority failed to perform its statutory duty cast u/ s.12 and therefore a writ of mandamus is to be issued – National Disaster Management Authority directed to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19, as mandated u/ s.12(iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster-Covid 19 Pandemic, over and above the guidelines already recommended for the minimum standards of relief to be provided to persons affected by Covid-19 – However, what reasonable amount to be offered towards ex gratia assistance is left to the wisdom of National Disaster Management Authority. Covid-19 Pandemic: Disaster Management Act, 2005 – ss. 12, 2(d), 2(e), 2(i), 2(m), 6, 10, 19, 46 and 48 – Prayer for directions to National Disaster Management Authority (NDMA)/Central Government/State Governments to provide ex gratia monetary compensation to the families of the deceased persons who succumbed to the pandemic of Covid-19 – Whether a writ of mandamus can be issued directing the Central Government/National Authority/State Governments to pay a particular amount by way of ex gratia assistance, more particularly Rs. 4 lacs, as prayed by the petitioners – Whether the Court can/may direct to pay a particular amount by way of ex gratia assistance – Held: The Government should be free to take policy decisions/decide priorities (of course to achieve the ultimate goal of DMA 2005, government should be free to take its own decisions/priorities while providing minimum standards of relief and even towards preparedness, mitigation, prevention and recovery), subject to the availability of the resources/ funds and the amount to be spent towards other reliefs on the aid and advice of the experts and looking to the circumstances from time to time – Therefore, no relief can be granted to direct the National Authority/Central Government/State Governments to pay a particular amount towards ex gratia assistance on account of loss of life to the family members of the persons who have died due to Covid-19 – Some States are paying ex gratia assistance to the family members of the persons who have died due to Covid-19 pandemic – However, the same is paid from the Chief Minister Relief Fund or other relief funds, but not from State Disaster Response Fund (SDRF) – To avoid any heart-burning and discriminatory treatment, it would be appropriate for the National Authority to recommend uniform guidelines while providing for the minimum standards of relief in the form of ex gratia assistance on account of loss of life, as mandated under s.12 of the Act – However, at the same time, it will always be open for the concerned States to provide for ex gratia assistance on account of loss of life and other reliefs from their own relief funds (other than SDRF) as it would be a policy decision by the concerned States and they may provide such other relief/reliefs, looking to the availability of the fund – However, merely because some States might have been paying the ex gratia assistance on account of loss of life to the family members of the persons who have died due to Covid-19 pandemic, no writ of mandamus can be issued directing the Central Government/State Governments to pay a particular sum/amount by way of ex gratia assistance as the utilization of the fund/money by the Central Government would depend upon the priorities fixed by them which includes the money/ fund to be used for prevention, preparedness, mitigation, recovery etc. – Therefore, what amount to be paid by way of ex gratia assistance to the family members of the persons who died due to Covid-19 pandemic should be left to the National Authority/Central Government. Covid-19 Pandemic: Disaster Management Act, 2005 – ss. 2(d), 2(e), 2(i), 2(m), 6, 10, 12, 19, 46 and 48 – Prayer for directions to the respondents/State Governments to fulfill their obligation(s) to take care of victims of the calamity and their family members – Held: The prayer is too vague – Even otherwise, considering the counter affidavit filed on behalf of the Union of India it demonstrates the various reliefs declared by the Union Government – As such, no mandamus can be issued directing the respondents – State Governments to declare a particular policy / relief/relief package in general and the same shall be within the domain of policy decision and would have financial implications also. Covid-19 Pandemic: Disaster Management Act, 2005 – ss. 2(d), 2(e), 2(i), 2(m), 6, 10, 12, 19, 46 and 48 – Prayer for directions to respondents-State Governments to issue any official document stating cause of death, to the family members of the deceased who died due to Covid-19 – Held: It is the duty of the every authority to issue accurate/correct death certificates stating the correct and accurate cause of death, so that the family members of the deceased who died due to Covid-19 may not face any difficulty in getting the benefits of the schemes that may be declared by the Government for the death of the deceased, who died due to Covid- 19 – In the death certificate also, if a person has died due to Covid- 19 and/or any other complications/disease due to Covid-19, it should be specifically mentioned in the death certificate – The procedure should be as simplified as it can be – Appropriate Authority directed to issue simplified guidelines for issuance of Death Certificates/ official document stating the exact cause of death, i.e., “Death due to Covid-19”, to the family members of the deceased who died due to Covid-19 – Such guidelines may also provide the remedy to the family members of the deceased who died due to Covid-19 for correction of the death certificate/official document issued by the appropriate authority, if they are not satisfied with the cause of death mentioned in the death certificate/official document issued by the appropriate authority. Covid-19 Pandemic: Disaster Management Act, 2005 – ss. 2(d), 2(e), 2(i), 2(m), 6, 10, 12, 19, 46 and 48 – Prayer for directions to the respondents-Union of India and others to provide social security and rehabilitation to the victims of Covid-19 – Held: From the XVth Finance Commission Report, it appears that the Finance Commission in its report has already made recommendations of the same and from the counter affidavit it appears that the Union Government has been actively considering the same in consultation with other stakeholders – Even otherwise, from the counter affidavit filed on behalf of the Union of India, it appears that the Central Government has already launched the Pradhan Mantri Garib Kalyan Package under which a comprehensive personal accident cover of Rs. 50 lakhs have been provided to 22.12 lakh health care providers throughout the country, including community health workers and private health workers who may have been in direct contact and care of Covid-19 patients and may be at risk of being impacted/infected by this – It is further reported that on account of unprecedented situation, private hospital staff/retired/volunteer/local urban bodies/contract/daily wage/ad-hoc/outsourced staff requisitioned by States/Central Hospitals/ autonomous hospitals of Central /States/Union Territories, AIIMS & Institute of National Importance (INI)/hospitals of Central Ministries specifically drafted for care of Covid-19 patients are also covered under the scheme – The benefits under the said scheme have been extended for a further period of 180 days with effect from 24.04.2021 – Therefore, it appears that sufficient care has been taken – However, some class might have been left out, like those persons working at pre-mortem – Thus, the Union Government may look into the same and cover them also who might have been left out and who can be said to be in direct contact of dead bodies of Covid-19 patients – The Union of India to take appropriate steps on the recommendations made by the Finance Commission in its XVth Finance Commission Report bearing in mind paragraph 8.131 in consultation with other stakeholders and experts. Disaster Management Act, 2005: Enactment of – Object and purpose – Discussed. Administrative Law: Policy decision – Interference with – Scope – Held: When the Government forms its policy, it is based on a number of circumstances, on facts, law including constraint based governmental resources – The Government is entitled to make pragmatic adjustments which may be called for by particular circumstances – The function of the Court is to see that lawful authority is not abused but not to appropriate to itself the task entrusted to that authority – Therefore, the Courts would be very slow to interfere with priorities fixed by the government in providing reliefs, unless it is patently arbitrary and/or not in the larger public interest at all – Judicial Review. Judicial Review: Scope of – Writ of Mandamus – When can be issued – Held: If the statutory authority/authority fails to perform its statutory duty cast under the statute or constitutional duty, a mandamus can be issued directing the authority to perform its duty cast under the statute – In such a situation, the Court would be absolutely justified in issuing a writ of mandamus directing the authority to perform its statutory duty/constitutional duty. Interpretation of Statutes: Plain meaning – Held: When the language of the provision is plain and unambiguous, statutory enactments must ordinarily be construed according to its plain meaning. Interpretation of Statutes: Beneficial provision – Held: The beneficial provision of the legislation must be literally construed so as to fulfill the statutory purpose and not to frustrate it. |
