Family members of COVID patients who die by suicide entitled to ex-gratia compensation: Centre to Supreme Court

The Central government has informed the Supreme Court that family members of people who die by suicide within 30 days from being diagnosed as COVID-19 positivem are also entitled to ex-gratia compensation to be paid out of the State Disaster Relief Funds.."It is respectfully submitted that suitable directions in this regard may be passed by this Hon'ble Court, whereby, the family members of people committing suicide within 30 days from being diagnosed as COVID-19 positive as per MoH&F/ICMR guidelines will also be entitled to avail financial help as granted under SDRF in accordance with the Guidelines dated 11.09.2021 issued by NDMA under Section 12 (iii) of DMA," an additional affidavit filed by the Centre on Thursday before the Supreme Court said.The additional affidavit further stated that in order make the scope of the compensation broader and more inclusive, deaths occurring within 30 days from the date of testing or from the date of being clinically determined as a COVD-19 case, will be treated as' deaths due to COVID-19', even if the death takes place outside the hospital/ in-patient facility."COVID-19 case, while admitted in the hospital/inpatient facility, and who continued to be admitted beyond 30 days, and died subsequently, shall be treated as a COVID-19 death," the affidavit stated..The Central government had earlier informed the Supreme Court that it has recommended a compensation of ₹50,000 for family members of every person who succumbed to COVID-19.The earlier affidavit filed by the Union Ministry of Home Affairs had also clarified that the ex-gratia assistance shall be paid by the States from the respective State Disaster Response Funds (SDRF).The persons eligible for this compensation amount of ₹50,000 recommended by National Disaster Management Authority (NDMA) will include those who lost their lives in relief operations and preparedness activities, subject to the cause of death being certified as COVID-19..In the detailed additional affidavit, the Home Ministry has attempted to address certain questions posed by the Supreme Court in an early hearing in relation to the compensation to family members of those who died by suicide due to COVID. .The Centre also clarified that any certificate of death issued by hospitals / government authority prior to coming into force of the guidelines dated September 3, 2021, can be reviewed and rectified and consequently freshly issued. It was submitted that liberty would be granted to the next of kin of the deceased to raise a grievance before the concerned District Level Committee..The timeline for setting up of the said committee by the States may be prescribed as 30 days for which suitable instruction can be issued by Ministry of Health and Family Welfare, the Centre suggested,Further, the Supreme Court may also pass a mandamus directing all State governments/ Union Territories to constitute the said committee within 30 days, it was stated.