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Innocent Admission

SC notice to Centre on plea for ex gratia for black, yellow fungus victims

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New Delhi, June 30 (Agency) The Supreme Court on Wednesday sought response from the Centre on a plea seeking compensation of Rs 4 lakh to family members of the Covid-19 patients, who succumbed to black or yellow fungus.

Earlier in the day, the top court, in its judgment on another plea filed by advocate Reepak Kansal and another seeking Rs 4 lakh ex gratia for families of Covid deceased, had held that the Centre failed to perform its statutory duty, under Section 12 of the Disaster Management Act (DMA), to issue minimum standards of relief in this regard. It directed the National Disaster Management Authority (NDMA) to recommend guidelines for such ex gratia assistance within 6 weeks.

A bench of Justices Ashok Bhushan, M.R. Shah and Vineet Saran issued notice to Centre on a PIL filed by Kansal, urging the court to direct the Centre and states to provide ex gratia monetary compensation to family members of those who succumbed to side effects or post Covid-19 complications i.e. black fungus, white fungus and yellow fungus etc.

“The entire benefits/ex-gratia compensation under Section 12 of the Disaster Management Act, 2005 for patients of Covid-19 may also be extended to the patients of post-Covid-19 disease i.e. black fungus, yellow fungus and white fungus etc,” said the plea.

Contending that injury was caused to citizens who have lost their family members due to side effects/post Covid-19 decease, it said: “There is a constitutional and legal obligation on the State and its different organs to take care of victims of the calamity and their family members, in the position of a guardian of parent of the people of the society.”

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