Ex gratia scheme may take a hit with Covid policy shift
NEW DELHI: The Union government’s decision not to treat Covid-19 as a disaster under the Disaster Management Act (DMA) from April 1 has an inescapable pitfall: it would mean the end of the ex gratia scheme that entitled families of those who died of the infection to receive ₹50,000 under the Act.
Thus, relatives of those who die of Covid-19 after March 31 shall have no legal right to receive ex gratia and they will have to rely on the benevolence of the states and Union territories. On March 23, Union home secretary Ajay Bhalla wrote to all states and UTs stating that no further orders shall be issued by the Centre under the DMA after March 31 for Covid containment.
Lifting the DMA exactly after two years of its invocation in the wake of the pandemic, the letter added that the states should also consider discontinuing issuance of any orders under the Act.
Since the DMA becomes inapplicable after March 31, the compensation scheme, which was framed under Section 12 of the Act for minimum standards of relief during the disaster, shall also not remain valid.
A senior officer of the Union ministry of home affairs, who asked not to be named, said: “The main ex gratia matter is pending in the Supreme Court. Whenever the court asks us about the position of the Disaster Management Act, we will apprise it. The current position is that the DMA will not be in place from April 1 and states also have been advised not to invoke it while issuing orders and guidelines.” Some of the states and UTs have decided to continue with the ex gratia scheme while others await more clarity from the Centre on the issue
Ranvir Prasad, relief commissioner in the government of Uttar Pradesh, said the state has decided to continue with the ex gratia scheme despite revocation of the DMA. “Even as the central government has revoked the Disaster Management Act, the Uttar Pradesh government has decided to give ₹50,000 in compensation for deaths due to Covid-19 after March 31,” he said.
On the other hand, the Maharashtra government said that it has been waiting for the central guidelines on the issue before any further decision is taken at the state level. “We do not see any problem in disbursing the money to the applicants who have already submitted the applications. The decision over newer deaths after April 1 has to be taken by the central government. We will wait for the guidelines from the central government before any further decision at our level,” said a Maharashtra government official from the relief and rehabilitation department. The officer added that the ex gratia is being disbursed from the State Disaster Response Fund (SDRF), as directed by the central government. Incidentally, Bhalla’s missive was sent a day before the Supreme Court issued a new order on March 24 giving a 60-day window to register claims for ex gratia for any deaths that occurred till March 20. For future claims, the court permitted the deceased’s family to file a claim within 90 days from date of death.
The Centre was also directed to publicise the court order widely every fortnight for the next six weeks. However, it now appears that this Supreme Court order will have a life of only seven days since the ex gratia scheme will discontinue with the revocation of the DMA.
The June 30, 2021, order directing the government to pay ex gratia for Covid deaths was passed by the top court after rejecting the Centre’s contention that the 2015 central government guidelines, issued under the DMA for financial relief, were meant only for 12 specific identified disasters on the national level — cyclone, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloudburst, pest-attack, frost and cold wave. In its 2021 order, the Supreme Court noted that once Covid-19 had been notified as a “disaster” under the DMA, it was mandatory to contemplate a scheme for ex gratia for loss of life due to the infection and that Section 12 of the DMA casts a legal duty upon the Union government to recommend guidelines for the minimum standards of relief. It further directed the Centre to consider expanding the scope of Covid-19 deaths to such persons who were admitted initially for the disease but subsequently died due to Covid-related complications.
Following the court order, the NDMA, in September 2021, recommended ₹50,000 as ex gratia for the families of those who died of Covid-19, clarifying the amount should be distributed by the states from the SDRF. On October 4, 2021, the top court ratified the Centre’s ex gratia scheme.
The Supreme Court in the same order also held that those deaths which occur inside or outside the hospital within 30 days from a positive RT-PCR test or any clinically determined investigation by a treating physician showing that a person was suffering from Covid-19 will also be entitled for compensation. Even such cases where a person remained admitted in hospital beyond 30 days and died subsequently were included within the ex gratia payment ambit.
These instances were carved out by the court for persons not issued death certificates showing specific cause of death as Covid-19. In the event that a claim got rejected for want of documents, the claimant was allowed to approach a grievance redressal committee, which was given the power to deal with the hospital concerned for making the requisite documents available.
We do not see any problem in disbursing money to the applicants who have already submitted the applications. The decision over newer deaths after April 1 has to be taken by the central government. MAHARASHTRA GOVERNMENT OFFICIAL