COVID Death Compensation : Supreme Court Directs Rajasthan Govt To Decide Pending Applications In 2 Weeks, Asks SLSA To Review Rejected Applications

A Division Bench of the Supreme Court on Friday asked the Rajasthan Government the reason for not completing the process of disbursing ex gratia payments to the children who had been orphaned due to COVID-19, and the families of the victims of the pandemic virus, including those who had died due to suicide within 30 days of contracting it. Earlier this month, the apex court had pulled up the state Government over its "unsatisfactory" affidavit and directed them to make the payments without any delay, in compliance with the court's previous orders. Status of Payment of Compensation to COVID Orphans On Friday, a Bench composed of Justices M.R. Shah and Sudhanshu Dhulia received an update on the status of compliance from the state government. The representing counsel informed the Court that out of the 213 "COVID orphans" in the state whose details were uploaded on the Bal Swaraj COVID-Care portal, 191 had already received ex gratia payments – "We have filed an affidavit. Meetings are being held at the highest. There are two issues. One issue is that of the children orphaned due to COVID. Out of 213, we have paid 191. We are also taking requisite steps with respect to the remaining 22. As far as 718 are concerned, they are general orphans...not related to COVID. Then we will have to frame a policy that all orphans will be covered by the State as parens patriae. That will require a different policy altogether. As far as the COVID orphans are concerned, out of 213, we have paid 191." Regarding the children whose payments had not been processed yet, the counsel clarified – "With respect to the remaining 22, we are making all efforts. Yesterday only, the Learned Chief Secretary has taken a meeting. We are trying to identify the remaining children. Some people are not traceable currently. We are trying to disburse payments to them." The Court was also informed that the families of 19,914 victims who lost their lives to the virus, had been compensated, out of "a sanction of 20,671". Justice Shah asked how many applications were rejected. The counsel answered – "Rejected is 1773, and we have shared it with the National Legal Services Authority. Let NALSA have the oversight powers. If they recommend that no this is wrongly rejected, we will pay. This is not adversarial at all. We want to come to help." On being reminded by the Bench of the time-bound nature of the activity, the counsel explained – "There are certain payments pending at the citizen level...194 are pending at the office level. We will expedite that in one week's time. Citizens when they come back with their...we again have to process...There is no pendency." Justice Shah enquired – "You said 757 payment pending?" The counsel responded – "There are various difficulties on the ground. Payment pending because of difficulties in disbursing the amount to exact persons. Sometimes identification becomes a problem, sometimes the person is not traceable. We are trying our level best." Justice Shah pressed further – "Once it is sanctioned, then you just have to pay, isn't it so?" The counsel supplied – "No, payment also requires many other formalities. It is not direct transfer also..." Justice Shah sharply admonished – "We have said direct transfer." The counsel hastily added – "Opening of bank accounts involves some formalities…" Justice Shah said – "You don't have to open bank accounts, you just have to transfer the money to the existing accounts." The counsel explained – "If they don't give details, we have to ask them to open an account and then transfer. We don't have anything against these 757 people. The state is working overnight to see to it that payments are disbursed to these people." Unconvinced, Justice Shah indicated that they would direct the Member Secretary of the National Legal Services Authority to examine the 1,773 rejected applications. The counsel, deferring to the wisdom of the statutory body, said – "Whichever matter he recommends, we will immediately pay. And any suggestion by him, if it expedites the process, we will do that." Justice Dhulia further enquired – "Also, what is citizen level?" The counsel said – "Citizen-level means persons who have given an application. We ask queries sometimes to such applicants." Justice Shah cautioned – "You decide on the basis of the applications, counsel. Our order is very clear. You don't ask unnecessary questions. They have to say only one thing. That a person has died due to COVID-19. Nothing further than that. No further enquiries." The counsel quickly agreed to "expedite those payments". Alleged Discrepancies in Figures of COVID Deaths due to Suicide, Applicant Urges It was alleged by another counsel that there were "various discrepancies" with respect to the number of COVID deaths due to suicide....

COVID Death Compensation : Supreme Court Directs Rajasthan Govt To Decide Pending Applications In 2 Weeks, Asks SLSA To Review Rejected Applications

Awstika Das

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