Death Due To COVID Or COVID-Related Complications Should Be Specifically Mentioned In Death Certificate : Supreme Court

The Supreme Court has 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.

Further, the Supreme Court has directed the Central Government and other appropriate authorities to issue guidelines to simplify the process of issuance of death certificates stating the cause of death as "death due to COVID".

"It is the duty of the every authority to issue accurate/correct death certificates stating the correct and accurate cause of death, so that the family members of the deceased who died due to Covid-19 may not face any difficulty in getting the benefits of the schemes that may be declared by the Government for the death of the deceased, who died due to Covid-19", the Court observed in the judgment.

A bench comprising Justices Ashok Bhushan and MR Shah passed the direction in two PILs which raised the grievance that authorities were not issuing correct and accurate death certificates in respect of those who succumbed to COVID. Since the certificates are not accurately stating the cause of death as COVID, the petitioners submitted that the dependents are unable to avail the welfare benefits announced for COVID victims.

The Central Government said in its affidavit filed before the Court that deaths with a diagnosis of COVID-19, irrespective of co-morbidities, had to be certified as COVID-19 deaths. The only exception to the rule was when there was a clear alternative cause of death, for example, accidental trauma, poisoning, etc.

After going through the Centre's affidavit and the guidelines of the Indian Council of Medical Research(ICMR) in this regard, the Court opined that the process of issuance of COVID death certificates needs simplification.

"..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", tothe 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.

Also from the judgment :  COVID Victims Entitled to Ex-Gratia Compensation; Supreme Court Directs NDMA To Frame Guidelines Within 6 Weeks