Lawstreet Journal

Plea in Allahabad High Court Seeks Directions for Formulation of Scheme Under Disaster Management Act, 2005 for granting compensation to families of COVID victims [READ ORDER]

Lawstreet Journal 14 May 2021 10:51pm

Image courtesy: Lawstreet Journal Judiciary Plea in Allahabad High Court Seeks Directions for Formulation of Scheme Under Disaster Management Act, 2005 for granting compensation to families of COVID victims [READ ORDER]

A petition has been filed with the Allahabad High Court's Lucknow Bench, seeking directions to the Central and State Governments to enact a schemeunder the Disaster Management Act, 2005, to pay ex gratia compensation to the families of those who died as a result of the  COVID-19 pandemic.

The plea also seeks refund of cost of hospitalization from the State Relief Fund.

The petition was filed by Advocate Rajat Rajan Singh on behalf of one Dr. Sandeep Pandey, who claims to be a social worker. He has emphasised that Section 12 of the Disaster Management Act requires the payment of an ex-gratia sum to those who have been affected by the disaster.

"In the second wave of COVID19 pandemic there is complete failure of health care system…people are dying because they are unable to get on the medical care they deserve as Citizen of this country, and for this the Government is absolutely liable. Therefore, as a compensatory measure and some relief to the family of victims, the State Government should frame a scheme for payment of Ex-Gratia amount to the family of deceased person who lost his life to COVID 19," the plea states.

The Petitioner also stated that despite the fact that it has been one year since Covid-19 was declared a disaster in March 2020, the National Policy of Disaster Management has not been revised or updated to provide effective measures to prevent the virus's spread.

In terms of the pandemic, it is said that the current National Policy is an inadequate structure. "Non review/ updation of State Disaster Management Plan is the reason of present crisis. Despite knowing about the virus, the Government did not created any infrastructure dedicated for COVID-19, so that if second wave comes the Government would be ready and people will atleast gets… Continue Reading...


Tagged: Allahabad High Court   Corona Updates  
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