The Supreme Court on Thursday expressed contentment over the Central government’s decision to provide ex-gratia of Rs 50,000 as financial help to the family of persons who died due to Covid-19 amid the pandemic.
Solicitor General Tushar Mehta informed the Apex Court that those persons who have committed suicide suffering from Covid-19, will also be entitled to avail the financial help as granted under SDRF, in accordance with the guidelines issued by NDMA under Section 12 (iii) of DMA.
A bench led by Justices M.R. Shah and A.S. Bopanna reserved its order for October 4, after a deliberate hearing on the counter affidavit filed by the Centre.
Justice Shah asked the SG, “In a case of heart attack, if the death certificate said the cause of death is heart attack, but if it was caused due to Novel Coronavirus, then what should be done?
The Solicitor General told the bench that in that case, liberty would be granted to the next of kin of the deceased to raise a grievance before the concerned District Level Committee, as envisaged in guidelines dated November 3, 2021, that the cause of death of his/her kin was Covid-related, as per the parameters prescribed in the guidelines.
Justice MR Shah said, “We will pass some orders, Mr Mehta. We are very happy.”
“We have heard the Counsels, in compliance of our earlier orders. For orders, put up on October 4,” recorded the bench.
The Centre, through its additional affidavit, informed the bench that Covid-19 cases, for the purpose of these guidelines, are those which are diagnosed through a positive RT- PCR/ Molecular Tests/ RAT OR determined investigations hospital/ facility by a treating physician, while admitting in the hospital/ in patient facility. The Covid-19 cases, which are not resolved and have died either in hospital settings or at home, and where a Medical Certificate of Cause of Death (MCCD) in Form 4 & 4 A has been issued to the registering authority, as required under Section 10 of the Registration of Birth and Death (RBD) Act, 1969, will be treated as a Covid-19 death.
- To make the scope 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. Also, a COVID-19 case, while admitted in the hospital/in-patient facility, and who continued to be admitted beyond 30 days, and died subsequently, shall be treated as a Covid-19 death.
Further, under the Guidelines any certificate of death issued by hospitals / government authority prior to coming into force of the Guidelines dated 3.09.2021, can be reviewed and rectified and consequently freshly issued. It is submitted that liberty would be granted to the next of kin of the deceased to raise a grievance before the concerned District Level Committee, as envisaged in guidelines dated November 3, 2021, that the cause of death of his/her kin was COVID related as per the parameters prescribed in the Guidelines dated November 3, 2021, however, the death certificate issued do no recognises it as ‘death due to Covid-19’ and mentions some other incidental cause in the death certificate issued as the cause of death.
On such application the District Level Committee, will examine the contemporaneous medical records of the deceased patient in light of the guidelines dated 3.09.2021, and if, District Level Committee comes to the conclusion that the case of the applicant indeed falls within the parameters contemplated under the guidelines dated November 3, 2021, then District Level Committee would issue a fresh or corrected certificate for the deceased in accordance with the guidelines dated 3.09.2021 certifying his death to be covid related death eligible for financial / other assistance as provided by the Central Government/SDRF. Further, the district level committee proposed in the guidelines shall also consider any dispute between the hospital and the family regarding the cause of death.”
The National Disaster Management Authority under the Disaster Management Act though its affidavit has informed the Apex Court yesterday that it has recommended an amount of Rs 50,000 each as ex-gratia payment to families of deceased persons including those involved in relief operations or associated in preparedness activities subject to cause of death being certified as Covid-19.