VidhiSangh

Supreme Court of India · 30/06/2021

REEPAK KANSAL versus UNION OF INDIA AND OTHERS

[2021] 6 S.C.R. 920 · 2021 INSC 318

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Summary

In public-interest petitions seeking Rs.4 lakh for each COVID-19 death and accurate death documentation, the Supreme Court held that section 12 of the Disaster Management Act imposed a mandatory duty on NDMA to recommend ex gratia assistance guidelines. It required that exercise within six weeks but left the reasonable amount to the authority, considering competing relief needs and resources. It also directed simplified COVID-death certification guidelines and steps on the Finance Commission's insurance recommendations. The judgment itself fixed no compensation amount.

Issues

  1. Whether NDMA's duty to recommend ex gratia assistance for COVID-19 deaths was mandatory.
  2. Whether the Court should prescribe Rs.4 lakh per death or another particular amount.
  3. What directions were necessary for accurate death certification and insurance-related recommendations.

Provisions considered

Held

Result

Writ petitions disposed of with directions for NDMA's ex gratia guidelines within six weeks, simplified COVID-death documentation and corrective remedies, and appropriate steps on Finance Commission recommendations. No specific compensation sum fixed.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 920.