Why should things not move smoothly in ordinary course especially when the matter is in respect of compassion, empathy and benevolence like COVID death cases, is the fundamental question. It hardly matters as to what amount in compensation is sought to be given to the family members of those affected with the death due to COVID pandemic of any of their family members. The issue , again, attains sensitivity and solicitude when the family member who succumbed to the virus happened to be the lone bread earner in the family. There were explicit directions from the Government of India , of course, following directions of Supreme Court in a petition, where it was underlined that the National Disaster Management Authority (NDMA) had “failed to perform its statutory duty” following which on affidavit was submitted in the Supreme Court by the Government that all the states and Union Territories had been directed and , therefore, would pay a lump sum of Rs.50,000 as ex-gratia to those families affected due to death of a family member on account of the COVID pandemic having taken place and certified as COVID-19 fatalities. Even , it was duly made clear as to from where the states would pay the compensation amount to the affected families. It was to be from the State Disaster Response Fund (SDRF) where the Central Government would be the major contributor.
It is worth noting that the scheme framed by National Disaster Management Authority (NDMA) incorporated that the ex-gratia was applicable to those persons also who were involved in relief operations or those associated with preparedness activities and that the states will disburse the money from the SDRF . In this connection, it was stated that even the procedure and manner of paying such compensation would be applicable to any future deaths on account of COVID -19 virus. Having said all about the nitty -gritty of the compensation mechanism , it is quite painful though wholly unexpected, that in the UT of Jammu and Kashmir, there should still be number of cases in the ”pending category” awaiting sanction for disbursal of the compensation. It is despite the fact that the procedural formalities like according sanction to the adoption of the scheme was given way back in November 2021 by the Government of Jammu and Kashmir for such payment of compensation to the next of kin of that member in the family who succumbed to the virus.
Out of 4483 , the total number of deaths unfortunately having taken place in the UT due to the pandemic, still as on date , there are as many as 1500 cases pending for getting the compensation amount. That, such state of affairs should rather continue and the fate of such cases remain undecided is wholly unjustified despite the apex court expressing unhappiness over the lapse seen committed by those in charge of making compensation to the eligible deserving cases. It is also not on expected lines that despite the directives of the supreme court, a Nodal Officer who was not below the rank of a Deputy Secretary , has not been appointed by the UT administration to oversee and monitor disposal of COVID compensation cases. It is also contrary to the general expectations that despite repeated communications from the Legal Services Authorities to the concerned District Officers for expediting the disposal of cases , nothing appears to have been done. When on the one hand, 3000 cases out of 4483 were disposed of , why the remaining fraction , on the other hand, is pending could presumably due to certain discrepancies / shortcomings in the application forms or there could be the issue of ascertaining eligibility but all these reasons, if any, need to be addressed so that there was no pendency.
It is, however, to be borne in mind that just a paltry amount of Rs.50000 was in no case going to make much of a difference economically to the affected family and even taking full care of their uncertain future, yet as a token of empathy and passion this amount ”meant much”. Needless to add, there could be no problem as regards funds as that possibility is out of question since Jammu and Kashmir has been placed by the Central Government in ”special” category by contributing 90 per cent to SDRF as against 75 per cent for general category States/ UTs. We, therefore, expect an early resolution of the pending issue.
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