NDMA asks Supreme Court for four week extension to frame guidelines on ex gratia compensation to families of persons who succumbed to COVID-19

The National Disaster Management Authority (NDMA), through an application filed by the Central government, has sought an extension of a further four weeks after being granted six weeks to frame guidelines on payment of compensation to the kin of persons who succumbed to COVID-19.

The application for extension of time states that the direction to frame guidelines under Section 12(3) of the Disaster Management Act to grant ex gratia compensation is under active consideration and that it needs further "in-depth consideration".

The Union Ministry of Home Affairs stated that any accelerated formulation of guidelines may have "undesirable results."

On June 30, the top court had given the NDMA six weeks to form such guidelines.

The Court left it to the wisdom of the NDMA to decide on the amount to be so provided as ex gratia assistance.

"We direct NDMA to form guidelines for ex gratia compensation for family members of persons who succumbed to covid as per minimum standards of relief. The reasonable amount to be provided is left to wisdom of national authority," the judgment stated.

Pertinently, the Court held that the mandate under Section 12 of the Disaster Management Act to lay down guidelines for minimum standards of relief including payment of ex gratia assistance, is mandatory and not discretionary.

In failing to do so, the NDMA failed to perform its job under Section 12 of the Act, the Court said.