The National Human Rights Commission (NHRC) has in its order dated May 29 directed the Union Home Secretary to act on the issue of addressing the plight of families after the death of a family member (s) due to Covid.
Acting on a petition filed by rights activist and Supreme Court lawyerRadhakanta Tripathy on May 19, the apex human rights panel passed the order.Tripathy explained the condition of families who lost a member (s) to Covid as unbearable for generations, especially for those where the sole breadwinner dies. The death of an Indian citizen not only impacts his/her own personal life, it affects the lives of all the members of the family who were dependent on the sole source of income.
Due to inaction, negligence and failure of Centre and State Governments in applying law, formulating policies, applying judicious mind, the next of kin of the deceased died of Covid fail to get any compensation as on today, Tripathy alleged.
The plea cited the case of Nilabati Behera alias Lalita Behera vs State of Orissa,(1993) 2 SC 746, where the Supreme Court held that a claim in public law for compensation for contravention of human rights and fundamental freedoms, the protection of which is guaranteed in the Constitution, is an acknowledged remedy for enforcement and protection of such rights.
The plea also narrated the ordeal of a family where four deaths in quick succession of the breadwinners from July 14, 2020 onwards took place. Krushna Chandra Sahu (42) and three of his brothers from a family in remote Angargaon in Ganjam district died of Covid leaving behind their widows and children ,who have been struggling for survival.
Besides, Tripathy cited a series of other cases of the trials and tribulations of the bereaved family members owing to death of their family member (s) in the ongoing Covid crisis in the country. Tripathy cited that the Section 12of Disaster Management Act, 2005, states the national authority shall recommend guidelines for minimum standards of relief to be provided to persons affected by disaster, which shall include ex-gratia assistance on account of loss of life. The Covid-19 is a 'notified disaster' and affected persons and their families require assistance under the State Disaster Response Fund (SDRF).
However, lack of coordination among Central Government as well as State Governments (is) responsible for deaths and sufferings and denial of ex-gratia or compensation, Tripathy contended.The family members of the deceased are entitled to all the fundamental rights guaranteed under the Constitution which includes Right to Life and Livelihood and the Right to Live with Dignity, said Tripathy and urged the NHRC to intervene in the matter and issue stringent directions to the Government authorities to take immediate and effective steps to deal with the situation.
Tripathy sought a direction from the NHRC to seek a status report from the Governments on the total number of Covid-19 related causalities and measures taken by the authorities for compensating the loss of life due to this disaster.
The petition also urged to formulate a comprehensive "National Plan" for compensation for Covid deaths.