The Central Government, in an affidavit filed before the Apex Court, said that the COVID-19 pandemic has caused more than 3,85,000 deaths, a number which is likely to increase further.
The Centre filed the affidavit before the Top Court while responding to the notice issued by the Supreme Court on pleas filed by lawyers, Deepak Kansal and Gaurav Bansal, seeking immediate, necessary, effective and appropriate directions and orders to the concerned authorities, including the Central Government, to pay financial help or ex gratia amount of ₹4 lakh, as laid down by the Central Government in its statut to the family members of the deceased who succumbed to COVID-19.
“The COVID-19 pandemic has caused more than 3,85,000 deaths, a number which is likely to increase further,” the Centre in its affidavit said. The Centre said that it exceeded the number of deaths in any other natural disaster in the past in the country.
“These deaths have affected families from all classes—the rich and poor, professionals and informal workers and trader and farmers. The Government is fully conscious of the need to provide them the necessary help and support. However, it is not correct to state that such support could be provided only through ex-gratia assistance for those who have died,” the Centre said, in its affidavit filed before the Supreme Court.
The affidavit reads, “In the current context of the pandemic, it would be a rather pedantic and narrow approach. A broader approach, which involves health interventions, social protection and economic recovery for the affected communities, would be a more prudent, responsible, and sustainable approach.”
It further said that globally, the Governments in other countries too had followed this approach and had announced interventions that provide fiscal stimulus. “The Government of India has followed a similar approach,” the affidavit said.
The Central Govt said, “In the case of various disasters, for which such ex gratia is provided under SDRF norms, the disaster is of a short and finite duration, occurring and ending quickly. COVID-19, on the other hand, is a global pandemic, which has affected all the countries in the world. Within our country, it has affected all the States/Union Territories, which have experienced several waves of Covid-19 cases.”
It said, “There is no precedent of giving ex-gratia for an ongoing disease or for any disaster event of long duration, extending for several months or years. In fact, granting ex-gratia for one disease, while denying the same for those accounting for larger share of mortality, would not be fair or proper.”
“It would create unfairness and invidious discrimination between persons suffering from one disease and those suffering from another. Further, unlike floods, earthquake, cyclone, etc., during the present COVID-19 pandemic, thousands of crores of rupees have been spent by Central Government and State Governments on prevention, testing, treatment, quarantine, hospitalisation, medicines, vaccination, etc., and it is still continuing,” read the affidavit.
The Centre said that it is not known that how much more is required.
“Thus, Central and State Governments are taking all possible measures to prevent and prepare for future waves of COVID-19. Thereby the prayer of the petitioner for payment of ex-gratia to all deceased persons due to COVID-19 is beyond the fiscal affordability of the State Governments,” the government said, adding that already the finances of the Central and State Governments are under severe strain, due to the reduction in tax revenues and increase in health expenses on account of the pandemic.
“Thus, utilisation of scarce resources for giving ex-gratia, may have unfortunate consequences of affecting the pandemic response and health expenditure in other aspects, and hence, cause more damage than good,” the Central government said, in its affidavit, a copy accessed by the news agency, filed before the Supreme Court, revealed.
Originally published at latestlaws.com