A Division Bench of the Rajasthan High Court comprising Chief Justice Indrajit Mahanty and Justice Satish Kumar Sharma in the Writ Petition of Tanay Jain v. union of India issued notices to Central and State Governments seeking ex- gratia compensation for dependents or family members of people who Succumbed to coronavirus.
Background of the Plea
This Petition was filed by Tanay Jain through Advocate Dikshant Jain to seek ex-gratia payment for family members or dependents of those people who succumbed to Covid 19.
Petitioner prayed that the government should design a scheme to pay the compensation through National Disaster Response Fund and State Disaster response fund. PM cares Fund and Rajasthan CM Relief fund should also be used to compensate families who lost their bread-earning members.
Plea emphasized upon the Grevieneces of the family members or dependents of the deceased who succumbed to Covid and highlighted the need to use the funds created for public welfare like NDRF and SDRF to mitigate the Grevieneces and manage the situation.
The petitioner along with this shares the concern that he had filed an application under RTI Act, 2005 to seek information concerning the compensation schemes devised for family members and dependents of the deceased who succumbed to deadly coronavirus but no response had been received.
Petitioner relied on section 12 of the Disaster Management Act, 2006 that imposes an obligation on the part of the state to provide relief to the person affected by the disaster. He also emphasized the right to life and liberty enshrined under Article 21.
Order of the Court
Court after looking into the Petitioner's concern issued the notices to the Central and State Government with respect to this matter and listed the matter to be heard on 31st August, 2021.
Case Details
Title: Tanay Jain v. Union of India
Bench: Chief Justice Indrajit Mahanty and Justice Satish Kumar Sharma
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