Greeva Garg–
Supreme Court of India has directed the National Disaster Management Authority (NDMA) to frame guidelines for providing minimum Ex-Gratia assistance to the Covid-19 victims within the time frame of 6 weeks.
The Court observed that “Section 12 of the Disaster Management Act cast a statutory obligation on the part of the National Disaster Management Authority to recommend minimum relief for the victims of a national disaster. Such minimum relief will also include ‘ex-gratia’ assistance as per Section 12(iii).”
Rejecting the argument of the Union Government that Section 12 is not a mandatory provision to be implemented, the Court notified the use of the word ‘shall’ in the provision making it a mandatory relief.
The Court directed the Union Government for paying a particular sum of money as compensation for minimum assistance to the COVID victims.
The division bench comprising of Justice Ashok Bhushan and Justice MR Shah delivered the Judgement in the cases of Gaurav Kumar Bansal v. Union of India and Reepak Kansal v. Union of India and others.
In its Judgement, the Bench stated that “The National Authority has failed to perform its statutory duty under Section 12 by failing to recommend minimum relief for ex-gratia assistance.”
Observing the economic state of the Country, affected due to the pandemic, the Court observed that the Government has to deal with various problems and has to cater Country’s resources in the best possible manner.
The Court stated that “No country or State has unlimited resources. Dispensation of the same is based on several circumstances and facts. Therefore, we do not think it is proper to direct the Union to pay a particular amount. This is to be fixed by the Government. Ultimately, the priorities are also to be fixed by the Government.”