Compensation for COVID-19 victims: Is there a uniform policy for issuing death certificates? Supreme Court seeks reply from Centre

The Supreme Court today sought to know whether the Central government has a uniform policy on issuing death certificates to families of deceased COVID-19 patients for the purpose of availing compensation..The Bench of Justices Ashok Bhushan and MR Shah sought the response while hearing a plea seeking directions to the concerned authorities to provide ex gratia monetary compensation of Rs 4 lakh to family members of deceased COVID-19 patients, as provided under Section 12 of The Disaster Management Act, 2005..When Additional Solicitor General Aishwarya Bhati informed the Bench that the Centre has not been served the plea, the Court granted the Centre 10 days time to file a reply. ."Ms. Aishwarya Bhati, learned ASG appearing for the Union of India seeks time to obtain instructions and bring all relevant materials regarding the scheme under Section 12(iii) of the Disaster Management Act, 2005 as well as the letter dated 08.04.2015. The policies or guidelines regarding issuance of death certificate with regard to patients, who were infected with COVID19, may also be brought on the record including the guidelines issued by the ICMR.We grant 10 days for reply," reads the order. .Emphasizing on the need for a uniform policy, Justice Shah asked,"Is there a uniform policy on death certificates? As there are many situations where reason for death is not given as COVID. States say they follow ICMR guidelines, produce the guidelines about the death certificates. If benefit is to be given to COVID deaths, then reasons like lung problem etc is given (on the death certificates)...So people have to go from one office to another. What is the uniform policy in this regard?".Senior Advocate SB Upadhyay, arguing for the petitioner, stated that a certificate needs to be issued so that it can be established that the death is due to COVID-19. He also pointed out that for COVID-19 deaths, bodies are being taken from the mortuary to the cremation ground directly without mentioning the actual reason in death certificates. .The petition filed by lawyer Reepak Kansal seeks immediate and appropriate directions to the concerned authorities to provide financial help as laid down by the Central government in the Disaster Management Act..The plea stated that it is the right of family members to know the "real cause of death of their member/relative on any official document," and added that "the medical officers have not been conducting post mortem of the persons who are dying due to COVID-19"..The Court was also asked to issue appropriate directions to state governments to issue an official document stating the cause of death of the deceased during the COVID-19 pandemic. Further, it is prayed that as a one-time measure compensation be granted to COVID-19 victims under the State Disaster Response Fund."Keeping in view the spread of COVID-19 virus in India and the declaration of COVID-19 as a pandemic by World Health Organization (WHO), by way of special one-time dispensation, it has been decided to treat it as notified disaster for the purpose of providing assistance under State Disaster Response Fund (SDRF)," the plea reads. .[Read order]

Compensation for COVID-19 victims: Is there a uniform policy for issuing death certificates? Supreme Court seeks reply from Centre

Debayan Roy

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