Finances under strain, can’t give Rs 4 lakh Covid death relief: Govt to Supreme Court

Satya Prakash

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Tribune News Service

New Delhi, June 20

Citing limited resources, the Centre has told the Supreme Court that giving an ex gratia amount of Rs 4 lakh each to the kin of Covid victims wasn’t possible as it would affect pandemic response on other aspects, leading to more damage than good.

“Already the finances of state and the central governments are under severe strain due to the reduction in tax revenues and increase in health expenses on account of the pandemic,” the Ministry of Home Affairs said in an affidavit filed in the top court.

The Centre cautioned the court against stepping into the domain of the executive as it might have unintended constitutional ramifications.

The entire amount of the State Disaster Relief Fund will end up being utilised if such payments are made, it said. The affidavit has been filed in response to a PIL seeking Rs 4 lakh each to the families which lost their dear ones due to the pandemic.

While issuing notice to the Centre, the top court had last month asked it to furnish the ICMR guidelines on death certificates for Covid victims.

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Highlighting that many families had lost their “sole bread earner”, petitioner advocate Gaurav Kumar Bansal had contended that under section 12(iii) of the Disaster Management Act, 2005, every family whose member died due to disaster was entitled for ex gratia compensation of Rs 4 lakh. However, the Centre said it’s the “national authority” that is empowered to recommend guidelines for the minimum standards of relief, including ex gratia assistance and thus it is a “function entrusted to the authority by the law passed by Parliament”.

Noting that the term ex gratia itself meant that it’s not based on legal entitlement, the Centre said an ex gratia of Rs 4 lakh was beyond the fiscal affordability of state governments.