Summary
On the Union’s application concerning COVID-19 death compensation, the Court fixed claim deadlines while retaining safeguards for extreme hardship and prompt payment. It also authorised a five-percent random scrutiny of claims in four specified States to address suspected false claims. The order required publicity, State cooperation and a report within three months, without treating every scrutinised claim as fraudulent.
Issues
- What deadlines and hardship safeguards should govern COVID-19 death-compensation claims.
- How suspected false claims should be scrutinised and addressed.
Provisions considered
- Section 52, Disaster Management Act, 2005Knowingly false claims for disaster-related benefits attracted the quoted penal provision; claims identified as fake during scrutiny were to be considered under it. (¶ 6-6.1)
Held
- For deaths occurring before 20 March 2022, claims were to be filed within sixty days of this order. For future deaths, the Court provided ninety days from death. Its earlier direction for processing and actual payment within thirty days of receipt of a claim continued. (¶ 3)
- A claimant prevented by circumstances beyond their control from applying in time could approach the Grievance Redressal Committee. Extreme-hardship cases were to be considered individually and could be examined on merits. (¶ 4)
- The concerned Union Ministries and States had to publicise the deadlines through print and electronic media fortnightly for six weeks. (¶ 5)
- The Union/NDMA, through the Ministry of Health and Family Welfare, was permitted initially to scrutinise a random five percent of claim applications in Andhra Pradesh, Gujarat, Kerala and Maharashtra. The States had to supply particulars and assist; scrutiny and a report to the Court were required within three months. (¶ 6.1)
- Compensation obtained through knowingly false claims or certificates could not be permitted. Fake claims identified through scrutiny were to be dealt with under Section 52, rather than being presumed merely because they were selected for review. (¶ 6-6.1)
Result
Application disposed of with directions fixing claim deadlines and hardship recourse, continuing thirty-day payment processing, requiring publicity, and authorising five-percent random scrutiny in the four specified States with a report within three months.