Supreme Court: “Shall” used twice in Sec 12 significantly imposes a duty upon the National Authority to provide assistance for loss of life due to Covid

The SC on June 30, 2021 {Reepak Kansal vs. Union of India and others} held that to construe the word “shall” as “may” and as directory/discretionary, the very object and purpose of the Act will be defeated. It was held that the word “shall” used twice in Section 12 significantly imposes a duty cast upon the National Authority to issue guidelines for the minimum standards of relief which shall include ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood.

It was also observed by the Bench, comprising of Justice Ashok Bhushan and Justice M.R. Shah that nothing is on record that any guidelines/decision has been taken by the National Authority recommending guidelines for the minimum standards of relief in the form of ex gratia assistance on account of loss of life of a person who has died due to Covid-19. It was held that it is required to be noted and it is not in dispute and cannot be disputed that Covid-19 pandemic is a disaster within the meaning of Section 2(d) of DMA 2005. Not only that even in the letter dated 14.03.2020, the Central Government has declared Covid-19 pandemic as “notified disaster”. Therefore, it was held that once the Covid-19 pandemic is declared as “notified disaster”/national disaster, even otherwise the same can be disaster within the meaning of Section 2 (d) of DMA 2005, the provisions of Section 12 of DMA 2005 shall be applicable and it has to be applied to the Covid-19 pandemic which is declared as “notified disaster”/national disaster.

The present Writ Petitions were filed before the SC, inter alia, seeking to direct the National Disaster Management Authority (NDMA)/Central Government/State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of the deceased persons who have succumbed to the pandemic of Covid-19, in view of Section 12 of DMA 2005.

The SC held that as far as guidelines for ex gratia assistance on account of loss of life due to Covid-19 pandemic, while recommending other guidelines for the minimum standards of relief, it can be said that the National Authority has failed to perform its statutory duty cast under Section 12 and therefore a writ of mandamus is to be issued to the National Authority to recommend appropriate guidelines for ex gratia assistance on account of loss of life due to Covid-19 pandemic while recommending guidelines for the minimum standards of relief to be provided to persons affected by disaster/Covid-19 pandemic as mandatory under Section 12 of DMA 2005. However, it was held that no relief can be granted to direct the National Authority/Central Government/State Governments to pay a particular amount towards ex gratia assistance on account of loss of life to the family members of the persons who have died due to Covid-19. 

The SC also directed that a simplified procedure/guidelines is/are required to be issued by the Central Government and/or appropriate authority for issuance of an official document/death certificate stating the exact cause of death, i.e., “Death due to Covid-19”, to the family members of the deceased who died due to Covid-19. Accordingly, it was so directed by the SC.