No mention of Covid-19 as cause of death in certificate not sole ground to deny ex-gratia: SC
- The bench, while approving the NDMA guidelines, also said that in cases where the death certificate has been issued and a family member is aggrieved, they are allowed to approach appropriate authority.
The Supreme Court said that state governments cannot deny ex-gratia compensation of ₹50,000 as per the recommendations of the National Disaster Management Authority (NDMA) to the kin of those who succumbed to Covid-19 on grounds that the death certificate does not mention it as cause.
“No states shall deny ex gratia on ground that in the death certificate cause of death is not mentioned that ‘died due to Covid’,” the bench said.
A bench of Justices MR Shah and AS Bopanna also ordered the states and the Centre to publicise the scheme widely in print and electronic media for larger reach. The bench on Monday also said that the compensation will reach the next of the kin of the deceased within 30 days after an application is submitted while highlighting that the compensation will be disbursed from the state disaster relief funds.
The bench, while approving the NDMA guidelines, also said that in cases where the death certificate has been issued and a family member is aggrieved, they are allowed to approach appropriate authority.
The authorities can also modify death certificates on production of essential documents, such as the RT-PCR test, and said that if families still face grievances they can approach the Grievance Redressal Committee.
The apex court ordered that the Grievance Redressal Committee can examine medical records of deceased patients and take a call within 30 days and order the compensation. The NDMA earlier recommended that ₹50,000 be given to the kin of those who died due to Covid-19.
The NDMA said that the ex-gratia assistance will also be given to the family members of those who died of the virus due to involvement in Covid-19 relief operations or activities associated with the preparedness for dealing with the coronavirus pandemic.
The government said that NDMA issued the guidelines on September 11 in compliance with the directions given by the Supreme Court on June 30 wherein it directed the authority to recommend the guidelines for ex-gratia assistance.
In its affidavit, filed on a batch of pleas by advocate Gaurav Kumar Bansal and intervenors represented by advocate Sumeer Sodhi seeking ex-gratia assistance to family members of Covid-19 victims, the Centre said the NDMA has already started discussions and consultations on the recommendation of the 15th Finance Commission regarding insurance intervention.