Reepak Kansal Vs Union of India & Ors
Date-30th June 2021

Forum Supreme Court of India

Sub-Whether COVID-19 is a disaster within the meaning of Disaster Management Act ,2005 and the citizens having been guaranteed Right to life under Article 21 of the Constitution of India are entitled to monetary and other reliefs as per Section 12 of the said Act.

The Apex Court in this case was considering interpretation of the Disaster Management Act in a PIL seeking monetary compensation and other reliefs as per Section 12 of the said Act which lays down guidelines for minimum standards of relief including exgratia assistance. There was considerable discussion regarding the use of the word “Shall” in the above Section and court noted that the word “Shall” was used twice in the said section and thus The language used in the provision is very plain and unambiguous. The court also noted that as per the settled proposition of law laid down by this Court in a catena of decisions, when the language of the provision is plain and unambiguous, statutory enactments must ordinarily be construed according to its plain meaning. The beneficial provision of the legislation must be literally construed so as to fulfil the statutory purpose and not to frustrate it.

Finally, the Court directed the National Management Authority to recommend guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19, as mandated under Section 12(iii) of DMA 2005 for the minimum standards of relief to be provided to the persons affected by disaster and other reliefs.

Ramesh Patodia
01-07-2021