Gaurav Kumar Bansal vs Union of India - Case Analysis
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Case Overview |
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Case Title |
Gaurav Kumar Bansal vs Union of India |
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Case No. |
Writ Petition (Civil) No. 539 of 2021 |
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Jurisdiction |
Civil Original Jurisdiction |
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Date of the Judgment |
24th March 2022 |
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Bench |
Justice B.V. Nagarathna and Justice M.R. Shah |
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Petitioner |
Gaurav Kumar Bansal |
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Respondent |
Union of India |
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Provisions Involved |
Section 52 of the Disaster Management Act, 2005 |
Introduction of Gaurav Kumar Bansal vs Union Of India
The case of Gaurav Kumar Bansal vs Union of India, a landmark legal battle focusing on ex gratia compensation for families of COVID-19 victims. The Supreme Court addressed the need for a deadline for submitting claims and ensuring fairness while preventing fraudulent applications. With over 7,38,610 claims received the case highlighted the balance between timely support for grieving families and the necessity of safeguarding public resources. Discover how this decision shaped the framework for compensation amidst the ongoing challenges posed by the pandemic.
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Historical Context and Facts of Gaurav Kumar Bansal vs Union Of India
The case at hand centres around an interlocutory application filed by Union of India, represented by the Ministry of Home Affairs seeking modifications to earlier Supreme Court orders related to ex gratia compensation for families of deceased COVID-19 victims.
Number of Claims Submitted
Approximately 7,38,610 claims had been received by various state governments following the order of the Court dated 30th June, 2021.
Argument for Setting a time limit
The Solicitor General, Shri Tushar Mehta argued that since the pandemic situation had improved and significant time had passed, all genuine claimants should have already submitted their applications. He requested the Court to set a deadline for lodging claims to prevent indefinite submissions.
Concerns regarding Fraudulent Claims
Concerns were also raised regarding the potential submission of fraudulent claims. Shri Mehta suggested a sample scrutiny to identify any fake submissions and highlighted the seriousness of making false claims under Section 52 of the Disaster Management Act, 2005. Section 52 of the Act imposes imprisonment up to two years and a fine for such offences.
Court’s Decision on time limits
The Supreme Court agreed on the necessity of a time limit and extended it to 60 days from the order date for deaths occurring before March 20, 2022, and 90 days for future COVID-19-related deaths.
Issue addressed in Gaurav Kumar Bansal vs Union Of India
The main question which was addressed in this case was whether there should be a fixed deadline for claimants to submit applications for ex gratia compensation for deaths due to COVID-19?
Legal Provisions involved in Gaurav Kumar Bansal vs Union of IndiaSection 52 of the Disaster Management Act, 2005
Section 52 of the Act states that whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend of two years and also with fine.
Judgment and Impact of Gaurav Kumar Bansal vs Union of India
In this case the Supreme Court held that there should be a time limit for submitting claims for ex gratia compensation for COVID-19-related deaths. The Court set an outer time limit of 60 days from the date of the order for claims relating to deaths occurring before 20th March, 2022. A period of 90 days from the date of death was provided for claim submissions for future COVID-19 deaths.
The Court also allowed claimants who experienced extreme hardship and missed the deadline to approach the Grievance Redressal Committee which would evaluate their cases individually and on merit.
The Supreme Court to address concerns about fraudulent claims permitted the Ministry of Health and Family Welfare through the Union of India to conduct random scrutiny of 5% of the claims in the states of Andhra Pradesh, Gujarat, Kerala and Maharashtra. The scrutiny had to be completed within 3 months and the findings were to be reported to the Court.
The Court also mandated that the Ministry of Health and Family Welfare, the Ministry of Home Affairs and the concerned states widely publicise the order through print and electronic media with advertisements to be published for 6 weeks and ensure claimants were aware of the deadlines and procedures.
Conclusion
The Supreme Court in Gaurav Kumar Bansal vs Union of India set out deadlines for filing claims for ex gratia compensation related to COVID-19 deaths. The Court set a 60-day time limit for deaths occurring before 20th March, 2022 and a 90-day period for future deaths. It also allowed claimants facing hardship to seek recourse through a Grievance Redressal Committee and ensure fairness. The Court also approved random checks to prevent fraudulent claims.
FAQs about Gaurav Kumar Bansal vs Union of India
What issues were addressed in this case?
The main question which was addressed in this case was whether there should be a fixed deadline for claimants to submit applications for ex gratia compensation for deaths due to COVID-19.
What are the legal provisions involved in this case?
The key legal provisions involved in this case was Section 52 of the Disaster Management Act, 2005.
What was the decision of the Supreme Court in this case?
The Supreme Court set out deadlines for filing claims for ex gratia compensation related to COVID-19 deaths.