COVID Death Compensation : Supreme Court Expresses Concerns About Fake Medical Certificates

The Supreme Court on Monday expressed serious concerns at fake medical certificates being issued by doctors to enable undeserving people to claim the ex-gratia compensation for COVID-deaths.

Observing that it might order an independent probe into the issue, a bench comprising Justice MR Shah and Justice BV Nagarathna adjourned to next Monday the case in which it is overseeing the disbursal of ex-gratia compensation by States to the families of COVID victims.

When the matter was taken, Solicitor General of India Tushar Mehta, appearing for the Union Government and the State of Gujarat, highlighted two concerns. First, he sought for fixing an outer time-limit for submitting claims, saying that the process will otherwise go endlessly. Second, he raised the point of fake medical certificates. The SG pointed out that the Court has ordered that RT-PCR certificate is not necessary for claiming ex-gratia compensation and that the same can be allowed on the basis of a doctor's certificate. However, the said relaxation given by the Court is being misused in certain cases.

The bench agreed that there should be an outer time-limit for making claims. "There must be some timelimit, otherwise the process will go endlessly, even for 5-6 years", Justice Shah observed.

Justice Shah also said that the issue of fake medical certificates was very serious.

"What is worrying is the fake certificate given by doctors... it is a very serious thing", Justice Shah said. Saying that an independent probe might be necessary in view of the State Government doctors, Justice Shah sought the suggestions of Senior Advocate R Basant (who was appearing for the State of Kerala).

"Please suggest how can we curb the issue of fake certificates being issued by Doctors. It may take away someone's real opportunity", Justice Shah told Basant.

The matter was accordingly adjourned to next Monday. 

The Court had earlier approved the ex-gratia compensation of Rs 50,000/- for the kin of people who died due to COVID suggested by the National Disaster Management Authority, which is to be paid by the States from the State Disaster Response Fund.

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