- The devastating Covid wave has annihilated many families by snatching away lives of a near and dear one, a breadwinner, a parent or parents in many cases, kith and kin, and the very hopes of leading a dignified life. And the list can go infinitely as well. The scarring left behind by the damages on the physiological and psychological aspects of humanity cannot be explained in a few lines or paragraphs. Thousands who have lost their lives are also mostly identified with the poor and marginalized segment of the society having no means or ways other than government compensation to stay afloat and sustain dignified livelihood going forward.
PC: Brian Dougherty and Alex Chan
- In a country where 90 percent of the working class is thus associated with an unorganized sector, the government alone has to step in to provide relief for the distraught. As extensively reported in the newspapers, India’s official data shows that the Covid-19 death toll is more than 4 lakhs. Needless to mention, there is nothing available to recount in living memory to match the outbreak of Covid-19 in terms of human sufferings the virus perpetrated unhindered. Most disturbingly, the virus continues to exist amongst us with no indication whatsoever of abating in the foreseeable future.
- It is a given fact that even more citizens would be added to the ever-growing number of fatalities owing to the dreaded illness. Against this backdrop, a two-judge bench of the Supreme Court on Wednesday issued a set of directives on two Public Interest Litigations which sought ex-gratia payment for people who succumbed to Covid-19. Two notable points emerged from the directive after cutting through the thicket of legal arguments. The Government of India’s containment measures is based on the Disaster Management Act. The question of ex-gratia payment, therefore, depends on its interpretation. No questions asked.
PC: Ved Vyas Tripathi
- The apex court was honest enough while observing that jurisprudence provides a limited scope of judicial review vis-à-vis economic policy decisions as that fall under the domain of the legislature and the executive. Also, further noting that a legal writ can be issued if a statutory authority fails to measure up. No ambiguities either. The moot point to ponder over here is how the challenging part of actualizing this directive should be envisaged for the eligible beneficiaries. Note that the law mandates ex-gratia payment but the amount is left to the discretion of GOI to come out with a suitable compensation amount. Determining the cause whilst issuing the death certificate is a grey area that will pose challenges to the authorities.
- The verdict calls for a process simplification including a broader definition of Covid deaths. The nation is witness to anecdotal evidence and extensive media coverage showing that Covid protocols in cremations and burials far exceeded the official death count. Needless to mention, the families of the most economically vulnerable people will be severely constrained for want of requisite paperwork. Welcomingly, India’s last-mile delivery has improved manifold in the wake of Direct Benefit Transfer (DBT). Judiciously identifying Covid deaths and extending suitable compensation should offer some solace to the bereaved families. The GOI must decide on the matter without any further delay.
