Ex-gratia compensation for the families of those who died due to COVID-19 in Delhi
Volunteers Collective wrote a letter to the Chief Minister of Delhi Shri Arvind Kejriwal regarding the ex-gratia (by favour) compensation and other relief measures announced for families of those who died due to COVID-19 in Delhi.
Volunteers Collective received an update from the O.S.D. to Chief Minister, Delhi, regarding the receipt of the letter and its forwarding to the Sh. Kailash Gahlot (minlawtpt.delhi@nic.in) and Office of Minister Health Power Home PWD UD Industries Irrigation and FC (moh.delhi@gov.in).
Following is the letter for the perusal and observation of the general public.
Date: 24.05.2021
To
Shri Arvind Kejriwal,
Hon’ble Chief Minister
National Capital Territory of Delhi
Subject: Re ex-gratia compensation and other relief measures announced for families of those who died due to COVID-19 in Delhi.
Dear Sir,
We are a group of lawyers, law students, academics, mental health advocates, and journalists working on criminal justice defence, public health, gender, and environment to contribute to social good and assist in upholding human rights. We are compelled to write this letter according to your announcement (dated May 18, 2021) of Rs. 50,000/- as compensation to the next of kin of those who died due to Covid-19. Close to 3 lakh people have died in India due to COVID-19, and 22,831 deaths reported in Delhi alone as of 22nd May 2021. People have scrambled for food, shelter, livelihood, accessing emergency services, and ultimately their lives. Things have fallen short of what’s expected of a government in times of such a huge humanitarian crisis. We are conscious that you and your advisors have attempted to do the best in terms of supply of oxygen and to take care of the people of Delhi, having regard to the urban nature of the State as well as limited resources. The proceedings before the Hon’ble Delhi High Court are a witness to the same. We hope that your government will maximize their efforts to deal with this brutal second wave and prepare for the long haul of relief and rehabilitation in the aftermath of the COVID-19 pandemic.
Because of your announcement of providing ex-gratia compensation and other financial compensation to families of those who died due to COVID-19, we have the following suggestions and requests:
- Increase ex-gratia compensation for loss of life due to covid-19 from Rs 50,000 to minimum Rs. 3 lakh
While ex-gratia compensation cannot ever make up for the loss of life, it is granted to provide immediate relief/financial security to the family and as a token of the government’s liability to the public. We are collectively of the firm view that the amount of ex-gratia compensation announced by your government on May 18, 2021, for loss of life due to COVID-19 is grossly inadequate given the nature of the pandemic and its effect on people — their health and livelihood. A significant number of persons who have died due to Covid-19 are from poor, marginalised and vulnerable groups, whose location in society further compounded the setbacks they suffered during the pandemic. Most of these people are precariously employed and do not have access to proper medical facilities even before the pandemic. Children have lost their parents; families have lost earning members. Given this scenario, Rs 50,000 as ex-gratia for loss of life is not an appropriate amount. Additionally, it falls short of ex-gratia compensation provided by the Delhi government in the past for disasters and humanitarian crises, which may be used as a minimum yardstick. The Delhi Disaster Management Plan (in Annexure 1) lists ex-gratia payment of Rs.1 lakh in case of death of a minor and Rs. 2–3 lakhs in case of a death of an adult. Given the precedent of ascertaining ex-gratia amounts and granting compensation for loss of life in the past; and the nature of the pandemic, the resultant humanitarian crises, its extensive damage to life and long term impact on the lives of people (including families of those who died due to contracting the virus and
those who have recovered or were otherwise affected by it); the ex-gratia compensation amount in the event of death due to COVID-19 must be Increased from Rs. 50,000 to Rs. 3 lakh. A policy decision should be taken to award higher sums where no breadwinners or the families belong to poor social classes.
2. Definition of COVID-death
Moreover, we urge the Delhi government to clearly and liberally define COVID-19 deaths to seek claims for compensation and record all such deaths. There are many instances where people have died after contracting the virus. Still, these cases have not been registered as COVID-19 deaths, sometimes for reasons stated by health professionals as deaths due to comorbidities. However, most of these deaths could have been preventable had adequate health services been available and accessible to all, especially the poor and marginalised communities in Delhi. Additionally, many people have died in their homes, outside hospitals, on the way to hospitals, in emergency rooms and within hours of becoming symptomatic. All such deaths should be considered when counting the COVID-19 death toll. We request your government to take the widest possible definition of deaths due to COVID-19 and extend the ex-gratia compensation to all those who have died due to COVID-19, not just those who can produce a COVID-19 death certificate or RTPCR report.
3. Single access point system
We also request your government to make guidelines for an efficient, inclusive and easy single access point system to claim the ex-gratia compensation payment and publish it on their website and in announcements through all channels of communication. Moreover, the guidelines must emphasize assisting marginalised communities, widows, and orphaned children to seek this compensation. Furthermore, the compensation under these schemes should be made available to migrants who are not permanent residents of Delhi but work and live in the state for most of the year. We would also urge that personal details of beneficiaries are not shown on any government portal.
4. Special widow pension
You mentioned a Rs 2.5k/month pension to be given to those who have lost an earning member in your announcement. We urge you to formulate a special pension scheme of Rs. 5000/per month for widows (who have lost their husbands due to COVID-19) in addition to giving Rs. 3 lakh as ex-gratia compensation for loss of life.
5. Compensation in a time-bound manner
Additionally, we urge that any relief measures announced, including granting of ex-gratia compensation for loss of life, should be delivered in an expedited and time-bound manner. The guidelines prepared by the National Disaster Management Authority on minimum standards of relief stipulate that relief measures should be offered within a certain period of time. In case of financial compensation to widows and orphaned children, it should be arranged within 45 days.
We request the Delhi government to consider the above suggestions by increasing the ex-gratia compensation from 50,000 to 3 lakh, widening the definition of deaths due to COVID-19, formulating a single access point system, special pensions to widows who lost their husbands due to COVID-19 and delivering the compensation claims in a time-bound manner. The Delhi government and Delhi Disaster Management Authority should constitute a special committee, within its powers under the National Disaster Management Act, 2005, to formulate a comprehensive policy concerning ex-gratia compensation for COVID-19 related deaths, and further relief and rehabilitation of families, focusing on poor and marginalised groups, widows and orphans, migrants, and SC/ST and OBC communities.
Thank you.
Signed/-
Aakash Sharma (Member VC), Adarsh B. (Member VC), Anannya Chatterjee (Member VC), Anghrija Chakraborty (Member VC), Ankit Parashar (Member VC), Anushree Malaviya, Arti Malik (Member VC), Avaantika Chawla (Lawyer), Azmat H. Amanullah (Member VC and AOR at Supreme Court of India), Apan (Member VC), Daksha Khanna (Member VC), Dr. Sonali Vaid, Dr. Harshit Kukreja, Harun Riyaz (Member VC), Jeevika Shiv, Keshav Basotia (Member VC), Mitakshara Medhi (Member VC), Mohammad Anas Siddiquei (Member VC), Meenakshi Kapoor, Mishika Singh (Advocate), Nikita Jain (member VC), Paakhi Srivastava (Member VC), Rupali Samuel (Lawyer), Rama Sitaraman (Member VC), Roopa Rawat, Swati Singh Gaharwar (Member VC), Sonal Sarda, Tanvi Sharma (Member VC), Tara Narula (Advocate), Talha Abdul Rahman (AOR at Supreme Court of India), Vibhuti Dikshit (Member VC), Vikram Hegde (AOR at Supreme Court of India), Vrinda Bhandari (Independent Lawyer), Zuha Fathima Junaidi (Member VC)
