Compensation to kin of persons died due to COVID-19
*Apex Court directives remain unimplemented in J&K UT
Mohinder Verma
JAMMU, May 4: Hundreds of cases pertaining to grant of compensation to the kin/family members of the persons who died due to COVID-19 pandemic in the Union Territory of Jammu and Kashmir are lying pending even after the explicit directives of the Supreme Court mainly because of lackadaisical approach of the Government officers.
The Government of Union Territory of Jammu and Kashmir vide Order No.83 dated November 29, 2021 accorded sanction to the adoption of the scheme for granting claim to the next of kin of those persons who died due to COVID-19 pandemic in pursuance to the guidelines issued by National Disaster Management Authority (NDMA) following the Supreme Court order dated June 30, 2021 in a Writ Petition (C) 539 and Writ Petition (C) 554 of 2021.
It was mentioned in the order that family member of each person died due to COVID will be given Rs 50,000 compensation and the implementation of the scheme will commence immediately. All the Deputy Commissioners were directed to put a robust but simple mechanism in place for disbursement of the ex-gratia assistance based on the process and procedure mentioned in the order.
However, hundreds of compensation cases are still pending despite lapse of considerable period of time mainly because of lackadaisical approach of the officers and this can be gauged from the official figures, the copy of which is available with EXCELSIOR.
A total of 4483 persons died because of COVID-19 in Jammu and Kashmir and compensation has been provided in 2773 cases till date. In 40 cases, the compensation has been rejected on technical grounds while as in 62 cases the claimants refused to take the compensation. A total of 350 cases have been processed and facilitated by the District Legal Services Authorities and compensation has been granted. However, in 537 compensation cases have not been processed till date.
“The inordinate delay in completion of process is notwithstanding the fact that J&K Legal Services Authority is providing all possible support to the Government officers”, sources said, adding “it was purely the duty of respective district administration to process the cases in shortest possible time-frame and grant compensation and J&K Legal Services Authority was supposed to just support them in the exercise. However, the situation is contrary as Legal Services Authority is ready to render necessary assistance but administration in the districts is not showing seriousness”.
The lackadaisical approach towards disbursal of compensation is notwithstanding the fact that Supreme Court in order dated January 19, 2022 in Writ Petition 539 had directed all the States and Union Territories to furnish full particulars/information to the concerned Legal Services Authorities with respect to deaths recorded/registered and also the particulars whether the payment of compensation with respect to those deaths have been made or not. For this exercise, the Supreme Court had fixed time-frame of 10 days only.
Further, Apex Court had directed that wherever the claims are rejected, the reasons for rejection must be communicated to the concerned claimants and they may be given an opportunity to rectify their claim applications. “No claim shall be rejected on the technical grounds and if there is any defect in the claim application, an opportunity should be given to the concerned claimant to rectify the mistake so that the concerned person may be paid the compensation”, the Supreme Court had mentioned in the order.
However, in Jammu and Kashmir Union Territory compensation has been denied in 40 cases in blatant violation of the orders of the Supreme Court, sources said while disclosing that these directions were reiterated by the Supreme Court in order dated March 7, 2022 and it was explicitly mentioned that the Governments of States and UTs should make all endeavour to pay the compensation maximum within a period of 10 days from the date of the receipt of the claims.
“In J&K UT, hundreds of cases are lying pending for clearance even several months after the receipt of applications from the applicants”, sources said, adding “it is really unfortunate that instead of being sympathetic and prompt in clearance of cases and disbursal of compensation the Government officers are dilly-dallying the same”.
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