New Delhi: The Centre today told
the Supreme Court that issues raised in the pleas, seeking directions for
compensation of ? 4,00,000 to the families of those who have died of COVID-19,
are “genuine” and are under consideration of the government.
Solicitor General Tushar Mehta, appearing for the Centre,
requested a bench of Justices Ashok Bhushan and M R Shah to give him some time
so that he can file a reply on the pleas.
“The issues are genuine and are being attended to. If the
court will grant me some time, I will file a reply,” Mr Mehta told the bench.
The court observed that as per media reports, the Bihar
government has already announced that it would give ? 4,00,000 compensation to
families of those who have died due to COVID-19.
When the counsel appearing for one of the petitioners said
that authorities are not issuing death certificates to those succumbing to the
deadly virus, Mr Mehta said, “Let me put in my reply. I have already said that
issues raised are genuine”.
During the hearing conducted through video-conferencing, the
counsel also referred to the issue of Black Fungus.
“We are granting you time. We can have it on next Friday,”
the bench told Mr Mehta, who requested the bench to grant two weeks' time.
“Why two weeks?,” the bench asked, adding that earlier it had
given 10 days to the Centre to file an affidavit in the matter.
Mr Mehta said, “The entire machinery is diverted. Please have
it after two weeks.”
“Tushar Mehta, the solicitor general submits that the issues
are under consideration of the Union of India and he shall file a reply and
thereafter the matter may be heard. As prayed, time is allowed to file a reply.
List these petitions on June 21, 2021. The reply be served on the counsel for
the petitioners by June 18,” the bench said in its order.
On May 24, the court had sought the centre's reply on two
petitions seeking compensation of ? 4 lakh to the families of those who have
died of COVID-19 and had said that there should be a uniform policy for issuing
death certificates to those succumbing to the virus.
The court had also asked the centre to place before it the
ICMR guidelines on death certificates for COVID-19 victims, saying there should
be a uniform policy for issuing such documents.
The counsel appearing for the centre had on May 24 sought
time to obtain instructions and bring all relevant materials regarding the
scheme under Section 12(iii) of the Disaster Management Act, 2005 as well as
the letter dated April 8, 2015 issued by the Ministry of Home Affairs with
regard to compensation.
The court is hearing two separate pleas seeking directions to
the Centre and the states to provide ? 4 lakh compensation to the families of
coronavirus victims as provisioned under the Act, and a uniform policy for
issuing death certificates.
Advocate Gaurav Kumar Bansal, one of the petitioners in the
matter, had argued that under section 12(iii) of the Disaster Management Act,
2005, every family whose member died due to disaster is entitled to a
compensation of ? 4,00,000.
He had argued that since COVID-19 has been declared as a
disaster and as per the order dated April 8, 2015, every family whose member
dies due to the disaster is entitled to a compensation of ? 4 lakh.
The counsel, appearing for another petitioner Reepak Kansal, had
argued that a large number of deaths were taking place due to COVID-19 and
death certificates need to be issued, as only after that the affected family
members can claim compensation under section 12 (iii) of the Act.
In his plea, Mr Kansal has said that states should be
directed to fulfil their obligation to take care of victims of COVID-19 and
also their family members.
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