Is the Centre Legally Obligated to Pay Ex-Gratia for COVID Deaths?
The Big StoryJuly 01, 202100:18:21

Is the Centre Legally Obligated to Pay Ex-Gratia for COVID Deaths?

The Supreme Court in its ruling on Wednesday, 30 June, made it abundantly clear that as far as COVID is concerned, it is a ‘disaster' under the Disaster Management Act (DMA) of 2005. It further pulled up the National Disaster Management Authority on doing the needful, by providing ex-gratia compensation to families of COVID victims. The top court's response comes after a batch of petitions sought directions to the state and central governments to provide an ex-gratia compensation of Rs 4 lakh, sighting Section 12 of the DMA. However, the Centre has been reluctant to commit to any compensation for COVID deaths, given the magnitude of the death toll, which is nearly 4 lakh according to official figures. The Supreme Court in its ruling stated that the language used in Section 12 of the law is is very plain and unambiguous. So, is the Centre legally obligated to pay compensation for COVID deaths? What arguments has the Centre made against it, and is it financially feasible? Host and Producer: Himmat Shaligram Guest: Subhash Chandra Garg, former Economic Affairs Secretary and Finance Secretary of India and Karan Tripathi, The Quint's Legal Consultant. Editor: Shelly Walia Music: Big Bang Fuzz Listen to The Big Story podcast on: Apple: https://apple.co/2AYdLIl Saavn: http://bit.ly/2oix78C Google Podcasts: http://bit.ly/2ntMV7S Spotify: https://spoti.fi/2IyLAUQ Deezer: http://bit.ly/2Vrf5Ng Castbox: http://bit.ly/2VqZ9ur
The Supreme Court in its ruling on Wednesday, 30 June, made it abundantly clear that as far as COVID is concerned, it is a ‘disaster' under the Disaster Management Act (DMA) of 2005. It further pulled up the National Disaster Management Authority on doing the needful, by providing ex-gratia compensation to families of COVID victims.

The top court's response comes after a batch of petitions sought directions to the state and central governments to provide an ex-gratia compensation of Rs 4 lakh, sighting Section 12 of the DMA.

However, the Centre has been reluctant to commit to any compensation for COVID deaths, given the magnitude of the death toll, which is nearly 4 lakh according to official figures.
The Supreme Court in its ruling stated that the language used in Section 12 of the law is is very plain and unambiguous.
So, is the Centre legally obligated to pay compensation for COVID deaths? What arguments has the Centre made against it, and is it financially feasible?

Host and Producer: Himmat Shaligram Guest: Subhash Chandra Garg, former Economic Affairs Secretary and Finance Secretary of India and Karan Tripathi, The Quint's Legal Consultant.
Editor: Shelly Walia
Music: Big Bang Fuzz
Listen to The Big Story podcast on:
Apple: https://apple.co/2AYdLIl Saavn: http://bit.ly/2oix78C Google Podcasts: http://bit.ly/2ntMV7S Spotify: https://spoti.fi/2IyLAUQ Deezer: http://bit.ly/2Vrf5Ng Castbox: http://bit.ly/2VqZ9ur