The Supreme Court on Monday slammed states for not giving wide publicity about a portal developed for disbursal of ex-gratia compensation for COVID-19 deaths. A bench of justices M R Shah and B V Nagarathna said unless wide publicity is given, people will not be able to know the portal address on which they can make an online application.
The top court noted that some states have not given any wide publicity by giving full details of the portal in advertisements in newspapers, more particularly in vernacular language papers, and local channels. It also noted that the particulars of the Grievance Redressal Committee constituted have also not been furnished.
"Unless publicity is given to a common man he will not be able to know the portal address on which they can make an application online. Counsel appearing for Gujarat have stated at the Bar that before the next date of hearing advertisement shall be given in all newspapers, in particular the local newspapers," the bench said. The counsel for the Maharashtra government stated that it has received approximately 84,000 applications, out of which, as of today, 8,000 applicants have been paid ex-gratia compensation. "It is very unfortunate that only 8,000 payments have been made. Counsel has submitted that the remaining will be paid ex-gratia compensation at the earliest. We direct them to make the payment after considering the applicationwithin a week from today. Put up on Wednesday," the bench said.
The apex court had earlier expressed concern over the low number of claims for ex-gratia compensation for COVID-19 deaths and directed state governments to inform if wide publicity has been given concerning the scheme for compensation. The top court was hearing a batch of pleas by advocate Gaurav Kumar Bansal and intervenors represented by advocate Sumeer Sodhi seeking ex-gratia assistance to family members of COVID-19 victims. The apex court had earlier asked the Centre to gather information from states on the progress made on disbursal of ex-gratia compensation of Rs 50,000 to the kin of COVID-19 victims and pulled up the Gujarat government for issuing notification constituting a scrutiny committee contrary to its directions.
On November 18, the top court had pulled up the Gujarat government for issuing a notification which was "just contrary" to the directions given regarding ex-gratia to the next of kin of those who died due to COVID-19 and said an attempt has been made to "overreach" the directions issued by the apex court. The top court had on October 4 said that no state shall deny ex-gratia compensation of Rs 50,000 to the next of kin of the deceased due to COVID-19 solely on the ground that the death certificate does not mention the virus as the cause of death. The court had also said that the ex-gratia is to be disbursed within 30 days from the date of applying to the district disaster management authority or the district administration concerned along with the proof of the death of the deceased due to coronavirus and the cause of death being certified as died due to COVID-19.
The top court had said that its directions for payment of compensation to the family members of the persons, who died due to COVID-19, are very clear and there was no requirement at all of constituting the scrutiny committee to award compensation. It had said it was very much made clear that even in a case, wherein the death certificate the cause is not shown as death due to COVID-19 but if found that deceased was declared positive for coronavirus and has died within 30 days, automatically his or her family members are entitled to the compensation without any further conditions.
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