E-Paper
Centre to treat all deaths within 30 days of testing positive as Covid-19 fatalities
Making an exception, the guideline excluded deaths occurring due to poisoning, suicide, homicide, deaths due to accident from the ambit of Covid-19 deaths, even though Covid-19 was an accompanying condition.
People who died at home or hospital within 30 days of being tested Covid-19 positive as well as those who continued in hospital beyond 30 days for Covid-19 treatment and subsequently died will now be entitled to get death certificates showing cause of death due to Covid-19, the Centre told the Supreme Court in an affidavit filed on Friday.
The new rules form part of the simplified regulations issued jointly by the Ministry of Health and Family Welfare and the Indian Council for Medical Research (ICMR) on September 3 following the Supreme Court judgment of June 30 directing the Centre to consider expanding the scope of Covid-19 deaths to such persons who were admitted initially for Covid-19 but subsequently died due to Covid-19-related complications.
Presenting the guidelines to the Court in two petitions filed by advocates Gaurav Kumar Bansal and Reepak Kansal, expected to be heard on Monday, the Centre said, “Covid-19 cases, for the purpose of these Guidelines, are those which are diagnosed through a positive RT-PCR/ Molecular Tests/ RAT or clinically determined through investigations in a hospital/ in-patient facility by a treating physician, while admitted in the hospital/ in-patient facility.”
To make the scope broader and more inclusive, the affidavit filed by Additional Secretary Govind Mohan of Ministry of Home Affairs said, “Deaths occurring within 30 days from the date of testing or from the date of being clinically determined as a Covid-19 case, will be treated as ‘deaths due to Covid-19, even if the death takes place outside the hospital/ in-patient facility.”
Further, it added, “A Covid-19 case, while admitted in the hospital/in-patient facility, and who continued as the same admission beyond 30 days, and died subsequently, shall be treated as a Covid-19 death.”
Making an exception, the guideline excluded deaths occurring due to poisoning, suicide, homicide, deaths due to accident from the ambit of Covid-19 deaths, even though Covid-19 was an accompanying condition.
Further, the affidavit stated that any death where the Medical Certificate of Cause of Death (MCCD) has been issued by a medial or health attendant or owner of a place for disposal of dead bodies under Section 10 of Registration of Births and Deaths Act 1969, the same shall be treated as a Covid-19 death. In this regard, the Office of Registrar General of India has issued a communication to Chief Registrars of all states and union territories.
In the event where next of kin of the deceased are not satisfied with the cause of death given in MCCD, their application shall be forwarded by the concerned state/UT to a four-member Committee that will verify and issue remedial directions, including issuance of official document for Covid-19 death within 30 days of submission of application.
The top court in its June 30 order had specified the need for such a Committee to reduce hassles being caused to common man. This Committee to be constituted at the district level will comprise of Additional District Collector, Chief Medical Officer of Health (CMOH), Additional CMOH/ Principal or HOD Medicine of a Medical College (if one exists in the district) and a subject expert.
The June 30 decision had also directed the Centre to frame guidelines for payment of ex-gratia compensation for Covid-19 deaths under the National Disaster Management Act 2005. The Court had granted six weeks for the Centre to frame the scheme under the 2005 Act and specify the amount since Covid-19 was notified as a disaster under the 2005 Act.
On August 16, the Court extended this time by four weeks. The judgment of June 30 also required the Centre to consider framing a national insurance scheme for disaster-related deaths in line with recommendations made by the 15th Finance Commission. The present affidavit has not indicated any compliance on this aspect.
