Case Title : Tanay Jain v. UOI
The Rajasthan court has issued notices to the Central and the state govt. on a plea seeking ex-gratia compensation for the family members/ dependents of those who succumbed to COVID-19 or Black fungus.
A division bench of choose Indrajit Mahanty and Justice Satish Kumar Sharma has kept the matter for hearing on August 31.
Interestingly, the Supreme Court had recently determined that the National Disaster Management Authority options a statutory obligation to frame tips for recommending minimum ex-gratia help for the victims of COVID pandemic.
Following this, the Central Government has wanted a short time for the Authority to frame guidelines throughout this regard.
The petitioner prays that a theme be devised for payment of compensation through the revised National Disaster Response Fund (NDRF) or the State Disaster Response Fund (SDRF). The plea conjointly refers to the PM CARES Fund and so the Rajasthan Chief Minister Relief Fund for mitigation of their grievances.
It conjointly states that the petitioner had moved applications below the RTI Act, 2005 seeking info and approved copies of the documents concerning the compensation theme for the victims/family members and dependents of the deceased Who succumbed to COVID-19. However, a response to a similar has not nevertheless been received.
The petition conjointly refers to guidelines on the Constitution and Administration of SDRF & NDRF supported Recommendations of 14th Finance Commission 2015-2020 passed by the UOI.
The petition claims right to life and dignity below Article 21 of the Constitution and further places reliance on Section 12 of the Disaster Management Act, 2006, that imposes Associate in Nursing obligation on the state to provide minimum standards of relief to be provided to persons tormented by the disaster.