Supreme Court Asks Centre To Frame Guidelines On COVID Death Certificate By Sep 11

The Supreme Court on Friday directed the Union Government to show compliance by September 11 to the judicial directions passed on June 30 to frame guidelines to simplify the process for issuance of death certificates with respect to those who died due to COVID-19.

A bench comprising Justices MR Shah and Aniruddha Bose asked the Union Government to file a compliance affidavit with respect to the said directions on or before September 11.

On August 16, the Court had sought a compliance affidavit with regard to the directions for guidelines on COVID death certificates by today, September 3. However today, Solicitor General of India Tushar Mehta sought for additional time of one week.

The bench expressed unhappiness over the delay.

"We passed the order long time back. We have already extended the time once. By the time you frame the guidelines, the third phase will also be over", Justice Shah remarked.

The Solicitor General assured that the matter is under process and will be finalized soon.

Advocate Gaurav Bansal, the petitioner in the case, submitted that the Union should respect the Court's orders. The bench ultimately adjourned the matter, directing the Union to file the compliance affidavit by September 11.

In the same judgment given on June 30, the Court had also directed the National Disaster Management Authority to frame guidelines within 6 weeks for grant of compensation to the dependents of those who died due to COVID. The Court also observed that the process of issuance of death certificates must be simplified.

The bench had made it clear that a death certificate issued in respect of a COVID fatality must clearly specify the cause of death as COVID itself. Also, if a person has died due to any other complications or disease due to COVID, then also the death certificate should specifically mention the cause of death as COVID.

"In the death certificate also, if a person has died due to Covid-19 and/or any other complications/disease due to Covid-19, it should be specifically mentioned in the death certificate", the Court said.

".we feel that the procedure should be as simplified as it can be. Therefore, a simplified procedure/guidelines is/are required to be issued by the Central Government and/or appropriate authority for issuance of an official document/death certificate stating the exact cause of death, i.e., "Death due to Covid-19", to the family members of the deceased who died due to Covid-19", the Court observed.

Illustratively, the Court suggested :

"For guidance, such guidelines may provide if a person has died after he was found covid positive and he has died within two to three months, either in the hospital or outside the hospital or at home, the death certificate/official document must be issued to the family members of the deceased who died due to Covid-19 stating the cause of death as "Died due to Covid-19". He/she might have died even due to other complications, however, due toCovid-19"

The Court also said that guidelines should provide a remedy to a person who may have a grievance that an incorrect death certificate was issued in respect of a COVID fatality.

"The Appropriate Authority is directed to issue simplified guidelines for issuance of Death Certificates/official document stating the exactcause of death, i.e., "Death due to Covid-19", to the family members of the deceased who died due to Covid-19", the Court directed.

Case Title: Gaurav Kumar Bansal vs Union of India