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Kerala High Court Directs To Implead Central Govt As Party To Plea For Compensating Families Of Those Who Died Of Covid-19 Abroad
Hannah M Varghese
11 Feb 2022 5:45 AM GMT
The Kerala High Court on Thursday asked the State to produce on record the letter penned by Chief Minister Pinarayi Vijayan addressed to the Prime Minister apparently seeking permission to disburse amounts from the State Disaster Funds to families of those Indians, who died abroad of Covid-19. Justice N Nagaresh also directed the petitioner to implead the Central government and the...
The Kerala High Court on Thursday asked the State to produce on record the letter penned by Chief Minister Pinarayi Vijayan addressed to the Prime Minister apparently seeking permission to disburse amounts from the State Disaster Funds to families of those Indians, who died abroad of Covid-19.
Justice N Nagaresh also directed the petitioner to implead the Central government and the National Disaster Management Authority in their plea seeking a declaration that the family members of a non-resident of the State, who died abroad due to COVID-19, are entitled to ex-gratia relief of Rs. 50,000.
The petition was filed by an NGO contending that applications for ex-gratia relief by family members of those who died abroad due to COVID-19 were being arbitrarily denied by the State.
According to the petitioner, the State government has been rejecting applications on the ground that the scheme was applicable only for COVID-19 deaths that occurred within India.
The plea submitted that the plight of the poor migrants who moved to foreign countries solely to find a living abroad to support their family in Kerala and unfortunately succumbed to COVID-19 definitely called for a sympathetic view.
The NGO also argued that any discrimination against family members who lost their dear and near ones abroad is a clear violation of their Fundamental Rights and a representation on the issue was sent to the State, but it was not acted upon.
Earlier when this matter was taken up, the Court had sought State's response in the matter.
Advocate E Adithyan appearing for the petitioner organisation argued that a similar petition had been filed before the Delhi High Court and that the Court had decided to look into the issue and pass an order, finding it to be grievous.
Upon being asked by the Court why the State wasn't considering this matter, Government Pleader T.B. Hood pointed out that this ex-gratia amount is paid from the State Disaster Response Fund, of which the Centre holds 75% share and the State holds 25%.
He added that the funds were disbursed based on the guidelines issued by the National Disaster Management Authority and the Union Ministry of Home Affairs. It was emphasised that these guidelines did not cover the issue now posed by the petition.
Moreover, the Government Pleader pointed out that in the matter before the Delhi High Court, the Central government was made a party whereas, in the present writ petition, only the State government was made the respondent.
Further, the State informed the Court that the Chief Minister had requested the Prime Minister to provide ex-gratia relief for families of those who died of Covid-19 on 15.12.2021 and that this was still pending.
After hearing both sides, the Court directed the petitioner to implead the necessary parties and the State to place the said letter on record.
The matter will be taken up next on 24 February.
Earlier, the State government had introduced an online portal wherein the kin of those who died due to COVID-19 can claim ex-gratia.
Case Title: Pravasi Legal Cell v. State of Kerala
