2021 Supreme(SC) 296

SUPREME COURT OF INDIA
ASHOK BHUSHAN, M.R. SHAH, JJ.
Reepak Kansal – Petitioner
Versus
Union of India and Others – Respondents
Writ Petition (Civil) NO. 554 OF 2021
With
Gaurav Kumar Bansal – Writ Petitioner
Versus
Union of India and others – Respondents
(With applications for interventions)
Writ Petition (Civil) NO. 539 OF 2021
Decided On : 30-06-2021

IMPORTANT POINTS
(1) Ex-gratia monetary compensation to families of Covid-19 Victims – Scope of judicial review on policy decisions having financial implications which might affect economy of country and which may also affect other priorities and which may affect Government’s other schemes declared to achieve object and purpose of enactment of DMA 2005 are required to be considered.
(2) Ex-gratia monetary compensation to families of Covid-19 Victims – No State or country has unlimited resources. Government is entitled to make pragmatic adjustments which may be called for by particular circumstances.
(3) Corona Pandemic is a peculiar disaster which country and world has experienced in a long time. It has an extraordinary spread and impact from that of other natural disaster/disasters. There shall not be any justification to provide for same/similar amount by way of ex gratia assistance as provided in case of other disasters/natural disaster, i.e., Rs. 4 lacs.

Headnote:

(A) Constitution of India – Articles 21 and 32 – Disaster Management Act, 2005 – Section 12 – Corona Pandemic – Ex-gratia monetary compensation to families of Covid-19 Victims – It is submitted that to provide ex gratia assistance of Rs.4 Lakhs on account of loss of life is not only a statutory obligation under Section 12 of DMA 2005, but it is constitutional obligation also since it also affects right to life guaranteed under Article 21 of Constitution of India – Scope of judicial review on policy decisions having financial implications which might affect economy of country and which may also affect other priorities and which may affect Government’s other schemes declared to achieve object and purpose of enactment of DMA 2005 are required to be considered – Economic and fiscal regulatory measures are a field where Judges should encroach upon very warily as Judges are not experts in these matters – Courts, in exercise of their jurisdiction, will not transgress into field of policy decision – No State or country can have unlimited resources to spend on any of its projects – However, at same time, if statutory authority/authority has failed to perform its statutory duty cast under statute or constitutional duty, a mandamus can be issued directing authority to perform its duty cast under statute – In such a situation, Court would be absolutely justified in issuing a writ of mandamus directing authority to perform its statutory duty/constitutional duty. (Paras 7.1, 7.2 and 7.3)

(B) Disaster Management Act, 2005 – Section 12 – Constitution of India – Articles 21 and 32 – Corona Pandemic – Ex-gratia monetary compensation to families of Covid-19 Victims – It is the case on behalf of respective petitioners that as mandated by Section 12 of DMA 2005, National Authority shall have to recommend guidelines for minimum standards of relief to be provided to persons affected by disaster, which shall include ex gratia assistance on account of loss of life – It is case on behalf of Union of India that instead of giving ex gratia compensation of Rs. 4 lacs to family members of deceased of persons who have died due to Covid-19, conscious decision has been taken by Finance Commission and/or Union of India to make provision and/or use fund from NDRF/SDRF for the purpose of creating infrastructure, hospitals, testing, vaccination, ICU facilities and other allied matters including providing food to BPL/migrant labourers, and not to pay ex gratia assistance – Disaster Management Act, 2005 has been enacted for prevention and mitigation effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation – It has been enacted on disaster management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of disaster management plans, ensuring measures by various wings of Government – Word “shall” used twice in Section 12 significantly imposes a duty cast upon National Authority to issue guidelines for 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 – Once Covid-19 pandemic is declared as “notified disaster”/national disaster, provisions of Section 12 of DMA 2005 shall be applicable. (Paras 8.1, 8.2,9.1, 10.1 and 10.4)

(C) Corona Pandemic – Ex-gratia monetary compensation to families of Covid-19 Victims – Covid-19 pandemic is a peculiar disaster which country and world has experienced in a long time – It has an extraordinary spread and impact from that of other natural disaster/disasters – Other natural disasters would have a different effect/impact. Covid-19 pandemic is having an on-going impact/effect – Pandemic is still not over in country as also world and it is extremely difficult to predict with accuracy, it’s further trajectory, mutations and waves – Looking to its peculiarity and impact and effect, Covid-19 pandemic is required to be viewed differently from other disasters – There is a need to focus simultaneously on prevention, preparedness, mitigation and recovery, which calls for a different order of mobilization of both financial and technical resources – According to official figure, pandemic has caused more than 3,85,000 deaths, same is likely to increase further – These deaths have affected families from all classes – rich and poor, professionals and informal workers, and traders and farmers – It has also affected kins as well as elderly members, old parents – Many have lost sole bread earner – However, impact and effect of present pandemic/disaster would be different from other disasters/natural disasters for which ex gratia assistance is provided – There shall not be any justification to provide for same/similar amount by way of ex gratia assistance as provided in case of other disasters/natural disaster, i.e., Rs. 4 lacs – Government has to decide its own priorities and reliefs to different sectors/for different reliefs – Government is required to take various measures in different fields/sectors, like public health, employment, providing food and shelter to common people/migrants, transportation to migrants etc. – Government is also required to deal with effect of pandemic on economy – Ex gratia assistance would also have financial implications and which may affect other minimum standards of relief to be provided to persons affected by disaster – No State or country has unlimited resources – Government is entitled to make pragmatic adjustments which may be called for by particular circumstances – Function of Court is to see that lawful authority is not abused but not to appropriate to itself task entrusted to that authority – Courts would be very slow to interfere with priorities fixed by Government in providing reliefs, unless it is patently arbitrary and/or not in larger public interest at all – National Disaster Management Authority directed to recommend guidelines for ex gratia assistance on account of loss of life to family members of persons who died due to Covid-19, as mandated under Section 12(iii) of DMA 2005 for minimum standards of relief to be provided to persons affected by Covid 19 Pandemic, over and above t guidelines already recommended for 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 wisdom of National Authority – Appropriate Authority directed to issue simplified guidelines for issuance of Death Certificates/official document stating exact cause of death, i.e., “Death due to Covid-19”, to family members of deceased who died due to Covid-19 – Union of India to take appropriate steps on recommendations made by Finance Commission in its XV Finance Commission Report, in consultation with other stakeholders and experts. (Paras 11.1, 12 and 16)

(D) Words and Phrases – May – Import – To interpret legal import of word “may”, Court has to consider various factors, namely, object and scheme of Act, context and background against which words have been used, purpose and advantages sought to be achieved by use of this word, and like. (Para 10.3)

Facts of the case:

Present two writ petitions have been filed in Public Interest seeking directions to the respondents – Central/State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to families of deceased who have succumbed to pandemic of Covid-19, in view of Section 12 of the Disaster Management Act, 2005. It is also further prayed for an appropriate direction to the respondents – State Governments to fulfil their obligation to take care of victims of the calamity and their family members. One another relief which is sought in Writ Petition (Civil) No. 554 of 2021 is to issue an appropriate direction to the 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. One additional relief which is sought in Writ Petition (Civil) No. 539 of 2021 is to issue an appropriate writ of mandamus against the respondents – Union of India and others to provide social security and rehabilitation to the victims of Covid-19.

Findings of Court:

Finance Commission in its report has already made recommendations of the same and from the counter affidavit it appears that the Union Government has actively considering the same in consultation with other stakeholders. We hope and trust that the Union Government will consider recommendations made by the Finance Commission made in its XV Finance Commission Report and take an appropriate decision in consultation with other stakeholders and the experts.

Result : Writ Petitions disposed of with directions.