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Supreme Court of India 2021-06-30

Gaurav Kumar Bansal vs Union of India and others

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

Families of Covid-19 deceased sought Rs. 4 lakh ex gratia compensation under the Disaster Management Act, 2005. The Supreme Court held that Section 12 imposes a mandatory duty on the National Disaster Management Authority to recommend guidelines for ex gratia assistance on account of loss of life as part of minimum relief standards. However, the specific amount is within the government's discretion, considering available funds, pandemic priorities, and resources needed for health infrastructure and recovery. The Court directed the Authority to formulate such guidelines within six weeks and ordered simplified death certificate procedures for Covid-19 deaths, but declined to mandate specific compensation amounts, recognizing the government's policy prerogative in managing unprecedented crises.", <parameter name="disposition">disposed

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