VidhiSangh

Supreme Court of India · 04/10/2021

GAURAV KUMAR BANSAL versus UNION OF INDIA AND OTHERS

[2021] 11 S.C.R. 573 · 2021 INSC 613

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Summary

In this 2021 implementation order, the Court directed payment of fifty thousand rupees to the next of kin of persons who died due to COVID-19 as minimum ex gratia assistance, additional to other benevolent schemes. States were to fund it through SDRF and district authorities to disburse it within thirty days of the required application and documents. A death certificate omitting COVID-19 was not conclusive. The Court prescribed inclusive eligibility, correction and grievance procedures, including assistance for families of persons who died by suicide within thirty days of diagnosis.

Issues

  1. How the COVID-19 death assistance guidelines should be implemented under Section 12(iii).
  2. Whether omission of COVID-19 from a death certificate could alone defeat an otherwise eligible claim.
  3. What eligibility, certification, documentation and grievance safeguards were required.

Provisions considered

Held

Result

Miscellaneous application disposed of with binding directions on COVID-19 death assistance, eligibility, certification, disbursement, publicity and grievance redressal.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 573.