M.R.SHAH,J. - (1.) The applications for interventions are allowed in terms of the prayer made and the applicants are permitted to intervene in the present proceedings.
(2.) These two writ petitions have been filed in Public Interest seeking directions to the respondents - Central/State Governments to provide ex gratia monetary compensation of Rs. 4 lacs or notified ex gratia monetary compensation to the families of the deceased who have succumbed to the pandemic of Covid-19, in view of Section 12 of the Disaster Management Act, 2005 (hereinafter referred to as 'DMA 2005'). It is also further prayed for an appropriate direction to the respondents - State Governments to fulfil their obligation to take care of victims of the calamity and their family members. One another relief which is sought in Writ Petition (Civil) No. 554 of 2021 is to issue an appropriate direction to the respondents - State Governments to issue any official document stating cause of death, to the family members of the deceased who died due to Covid-19. One additional relief which is sought in Writ Petition (Civil) No. 539 of 2021 is to issue an appropriate writ of mandamus against the respondents - Union of India and others to provide social security and rehabilitation to the victims of Covid-19. Two applications have been filed in the aforesaid writ petitions by intervenors - family members who have lost their family members due to Covid-19, supporting the prayers sought in the respective writ petitions.
(3.) Shri S.B. Upadhyay, learned Senior Advocate has appeared on behalf of the petitioner in Writ Petition (Civil) No. 554 of 2021. Shri Gaurav Kumar Bansal, learned Advocate has appeared as Party in Person in Writ Petition (Civil) No. 539 of 2021. Shri Sumeer Sodhi and Shri Anand S. Jondhale, learned Advocates have appeared on behalf of the intervenors in the respective intervention applications. Shri Tushar Mehta, learned Solicitor General along with Shri K.M. Natraj and Ms. Aishwarya Bhati, learned Additional Solicitor Generals have appeared on behalf of the Union of India. 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". 3.2 It is further submitted by Shri Upadhyay, learned Senior Advocate appearing on behalf of the petitioner that Section 12 of the DMA 2005 mandatorily provides for the National Authority defined under Section 3 of the said Act to recommend guidelines for the minimum standards of relief to be provided to persons affected by the disaster and it shall include, inter alia, ex gratia assistance on account of loss of life. It is submitted therefore that it is the statutory duty of the National Authority to provide in the guidelines for ex gratia assistance on account of loss of life who died due to Covid-19, which is declared as a "Notified Disaster". 3.3 It is submitted that to provide such ex gratia assistance on account of loss of life is not only a statutory obligation under Section 12 of the DMA 2005, but it is the constitutional obligation also since it also affects the right to life guaranteed under Article 21 of the Constitution of India. It is submitted that the word "shall" occurring twice in Section 12 of the Act puts a constitutional and statutory obligation on the part of the Central/State Government to recommend guidelines for providing ex gratia assistance which is in the nature of sustenance assistance. It is submitted that as such keeping the aforesaid in mind, earlier for the years 2015-2020 vide Ministry of Home Affairs letter dated 08.04.2015 the Government has fixed norms of assistance from SDRF and NDRF for providing succour to the aggrieved family. 3.4 It is further submitted that the word "shall" occurred in Section 12 of the DMA 2005 should be construed as "mandatory" and shall not be read as "may", as contended on behalf of the Union of India. It is submitted that if the word "shall" used in Section 12 of the DMA 2005 is read as "may", as sought to be canvassed on behalf of the Union of India, the concept of "situation interpretation" evolved would negate the very object and purpose enshrined in Section 12 of the DMA 2005 since the purpose is immediate sustenance assistance to the aggrieved family. Heavy reliance is placed on the decision of this Court in the case of DLF Universal Limited v. Director, Town and Country Planning Department, Haryana (2010) 14 SCC 1 (para 13) and Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Limited, (2005) 7 SCC 234 (para 85). 3.5 Relying upon the decision of this Court in the case of Bhavnagar University v. Palitana Sugar Mill (P) Ltd., (2003) 2 SCC 111 (paras 25 and 26), it is submitted that when the language used in the section/provision is plain and unambiguous, no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the rest of the statute. It is submitted that in the present case the language used in Section 12 of the DMA 2005 is plain and unambiguous and therefore the word "shall" shall be read as "shall" and the same should be construed as mandatorily to be provided. 3.6 Relying upon the decision of this Court in the case of Swaraj Abhiyan v. Union of India, (2016) 7 SCC 498 (paras 120 to 123), it is submitted that as held by this Court, a plea of financial inability cannot be an excuse for disregarding statutory duties. Reliance is also placed on the decisions of this Court in the cases of Municipal Council, Ratlam v. Vardichan, (1980) 4 SCC 162; and Khatri (2) v. State of Bihar, (1981) 1 SCC 627 and it is submitted that as observed the State may have its financial constraint and its priorities in expenditure, the law does not permit any government to deprive its citizens of constitutional rights on a plea of poverty. It is submitted therefore that the plea taken by the Central Government that the prayer of the petitioner for the payment of ex gratia compensation for loss of life due to Covid-19 pandemic to the aggrieved families is beyond the fiscal affordability may not be accepted. It is submitted that the fiscal affordability/financial constraint cannot be a ground not to fulfil statutory obligation under the DMA 2005 and the constitutional obligation as provided under Article 21 of the Constitution of India. 3.7 It is further submitted by Shri Upadhyay, learned Senior Advocate appearing on behalf of the petitioner that it is the duty of every government, either Central or State, to see that the correct/accurate death certificates/official documents are issued mentioning the correct cause of death arising out of Covid-19 pandemic. It is submitted that by not issuing the accurate/correct death certificate/official document with correct cause of death - Covid-19 pandemic, the family members of the deceased, who died due to Covid-19 pandemic, will be deprived of the benefits of the schemes, if any, declared by the Central/State Governments. It is submitted that not only that but by not issuing the correct/accurate death certificates mentioning the correct cause of death - Covid-19 pandemic, even the other citizens would be misled and the correct figure of deaths arising out of Covid-19 would not be known. It is submitted that if the number of persons who died because of Covid-19 are shown less, people would be misled and many a times they would become negligent. It is submitted therefore that it is in the larger public interest also to issue correct/accurate death certificate with correct cause of death. It is submitted that there is a requirement of simplifying the procedure for issuance of death certificate mentioning the cause of death arising out of Covid-19. ;