The Delhi High Court has directed the Centre on Tuesday to treat the plea as representation filed for seeking ex-gratia assistance for the family members of Indian citizens who succumbed to Covid-19 beyond the territorial limits of India.
A division bench led by Chief Justice D.N. Patel and Justice Jyoti Singh directed the National Disaster Management Authority and Ministry of External Affairs and Ministry of Health and Family Welfare to decide the representation made by the petitioner in this regard at the earliest in accordance with the law, rules, regulations and government policy applicable to the case and disposed of the petition.
The Court was hearing a public interest litigation filed by NGO Pravasi Legal Cell, a registered society working for the welfare of the migrants and providing legal services to poor and destitute migrants.
Advocate M.P. Srivignesh, representing the petitioner society, urged the Bench for a direction to the concerned authorities to consider the petition as a representation, as the authorities are yet to frame a policy on extending ex-gratia assistance in light of the decision by the Apex Court.
The plea highlighted that recently the Apex Court, in the cases of “Deepak Bansal vs. Union of India and Ors.”, as also in “Gaurav Kumar Bansal vs. Union of India and Ors.”, has directed the NDMA to frame guidelines for ex-gratia assistance to family members of the persons who died due to Covid-19.
It further highlighted that the Centre, on May 29, 2021, announced the PM-CARES for Children scheme through which all children who have lost both parents or guardians due to coronavirus will get a monthly stipend once they turn 18 and a fund of Rs 10 lakh when they turn 23 from PM-CARES fund.
According to the petition, a representation was made by the petitioner society on July 5, 2021, before the concerned authorities; however, no action has been taken on the representation till date.
Claiming that the ex-gratia assistance should also be extended to Indian migrants and their families residing abroad, the plea inter-alia prayed for a direction to the Indian Missions abroad to collect and maintain proper data of those Indian citizens died abroad due to Covid-19. In addition, it sought for inclusion under the ‘PM-CARES for Children’ scheme, of those children who are Indian citizens and have lost both parents or surviving parent or legal guardian or adoptive parents due to Covid-19 abroad but who are Indian Citizens.
Read Also: Supreme Court dismisses bail plea of man accused of murderous attack
The plea states thus: “The Expats who go to other countries for work purpose are also Indian Citizens and they are also guaranteed the fundamental rights under the Constitution of India. So not extending the above schemes to the citizens died abroad would clearly amount to creating two classes of people and treating equals unequally which is prohibited by the Constitution.”
“It is well settled principle of law that the Government must not formulate such policy which would deprive its citizen of fair opportunity and it is the prerogative of the Government to ensure that the such discrimination is not made out to any citizen,” the plea added further.