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3.1 Shri S.B. Upadhyay, learned Senior Advocate appearing on behalf of the petitioner in Writ Petition (Civil) No. 554 of 2021 has submitted that admittedly Covid-19 is a “Notified Disaster” and therefore the provisions of the DMA 2005 shall apply. It is submitted that as such vide letter dated 14.03.2020, Ministry of Home Affairs, Union of India has stated that the Central Government, keeping in view the spread of Covid-19 virus in India, has decided to treat it as “Notified Disaster” for the purpose of providing assistance under State Disaster Response Fund (SDRF). It is submitted that earlier as per the letter/communication dated 8.4.2015, the Government of India, Ministry of Home Affairs (Disaster Management Division) issued revised list and norms of assistance from SDRF and National Disaster Response Fund (NDRF). It is submitted that as per the said letter, for any death which is caused due to disaster, an amount of Rs. 4 lacs is to be paid to the victim’s family, in addition to other reliefs. It is submitted therefore on the same line and applying the same criteria, the family members of those who have succumbed to Covid-19 are to be provided ex gratia monetary compensation of Rs. 4 lacs, as Covid-19 is also treated, considered and declared as “Notified Disaster”.

24.04.2021). The scheme is being implemented through an insurance policy of New India Assurance Company. In order to further expedite the processing of claims, a new system has been introduced as per which the claims are now being processed by the District Collectors and forwarded to the insurance company for release of funds to the claimants. So far, ₹442.4 crore have been released to the insurance company in this regard. Herein, 477 claims of healthcare workers under the scheme have already been given the benefits, and further 344 claims of healthcare workers are under process. 6.14 It is further submitted that the financing of Disaster Risk Management (DRM) under the Disaster Management Act, 2005, is based on the recommendations of successive Finance Commissions, constituted under Article 280 of the Constitution of India. It is further submitted that, the allocation of the amount under NDRF and SDRF; guidelines on constitution and administration of SDRF and NDRF; and the items and norms for providing for relief assistance from SDRF/NDRF are based on the constitutional recommendations of the successive Finance Commissions. It is further stated that the successive Finance Commissions, after considering all the facets of disaster risk management, have recommended the expenditure for providing financial relief against 12 identified disasters and accordingly, the victims of 12 disasters, viz. cyclone, drought, earthquake, fire, flood, tsunami, hailstorm, landslide, avalanche, cloud burst, pest attack and frost & cold wave, are provided relief from these funds, which is mentioned in the memorandum dated 08.04.2015. It is submitted that, the XV-Finance Commission in para 8.11 of Chapter 8 of its report for the period 2021-22 to 2025-26, while making allocation under NDRF and SDRF inter alia, has chosen, to deal with the issue of financing of Covid-19 pandemic. It is submitted that the recommendations of XVth Finance Commission’s Report have been made in light of the experience gained and also the context of the unprecedented Covid-19. It is submitted that this report made recommendations for Disaster Risk Management, covering the period from 2021-2022 to 2025-2026, expanding the scope of Disaster Management beyond the traditional response and relief functions, to include preparedness, mitigation, recovery and reconstruction, as reflected in chapter 8 of the XVth Finance Commission’s Report. It is submitted that this report of XVth Finance Commission along with the Explanatory Memorandum was laid before the Parliament, as mandated under Article 281 of the Constitution of India. 

       (iv)    such other relief as may be necessary.



8.1    It is the case on behalf of the respective petitioners that as mandated

by Section 12 of DMA 2005, the National Authority shall have to recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include ex gratia assistance on account of loss of life… [Section 12(iii)].

8.2 On the other hand, it is the case on behalf of the Union of India that the word “shall” used in Section 12 may be read as “may” and it should be read as directory/discretionary and shall not be construed as “mandatory”. It is also the case on behalf of the Union of India that as such by providing various schemes and by taking various steps the Government has already made a provision/provided the minimum standards of relief by making provision from NDRF/SDRF, which can be said to be reliefs under Section 12 of DMA 2005. It is also the case on behalf of the Union of India that it is not the question of financial inability, but the question is to give priorities to other sectors/fields/reliefs, while taking other measures to deal with the disaster or the mitigation or preparedness and capacity building for dealing with the threatening disaster situation. It is the case on behalf of the Union of India that instead of giving ex gratia compensation of Rs. 4 lacs to the family members of the deceased of the persons who have died due to Covid- 19, a conscious decision has been taken by the Finance Commission and/or Union of India to make provision and/or use the fund from NDRF/SDRF for the purpose of creating infrastructure, hospitals, testing, vaccination, ICU facilities and other allied matters including providing food to the BPL/migrant labourers, and not to pay ex gratia assistance. 

       (iv)    such other relief as may be necessary.



9.5    Section 19 provides for similar guidelines for minimum standards of

relief by the State Authority. As per Section 46, the Central Government has to constitute a fund to be called the National Disaster Response Fund (NDRF) for meeting any threatening disaster situation or disaster. As per sub-section 2 of Section 46, the NDRF shall be made available to the National Executive Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government in consultation with the National Authority. Over and above the NDRF, the Central Government may also constitute a fund to be called the National Disaster Mitigation Fund for projects exclusively for the purpose of mitigation. A similar disaster response fund is to be constituted by the State Authority, which is known as State Disaster Response Fund (SDRF); District Disaster Response Fund; State Disaster Mitigation Fund and District Disaster Mitigation Fund as per Section 48 of DMA 2005.