Supreme Court Directs Centre's Reply On Uniform Policy For Issuing Death Certificates To COVID Victims For the Purpose Of Ex-Gratia Assistance For Their Families

Further directions were given to place before the Court all the schemes stipulated under Section 12(3) of the Disaster Management Act on the aspect of ex gratia compensation to families of those who had succumbed to COVID-19.

A Bench of Justices Ashok Bhushan and MR Shah were hearing two pleas seeking ex gratia monetary compensation of Rs. 4 lakhs or notified ex gratia monetary compensation to the families of the deceased who had succumbed to the COVID-19 pandemic.

The Bench acknowledged the submission of the Petitioners that the guidelines for minimum standard of relief for ex gratia assistance required a death certificate. However, death certificates of COVID-19 victims did not mention the cause of death, thereby leading to difficulties for the families who had to run from pillar to post in order to receive the compensation.

Justice Shah, in this regard, asked the Centre, "The certificates only mention some lung problem or infection. They don't say anything about Corona. What are the guidelines? How will you identify them?"

Accordingly, the Bench has directed the Centre to obtain information on the same and file a Counter-Affidavit within 10 days. The Rejoinder can be filed 3 days thereafter.

The matter will now be heard on June 11^th.

While one has been filed by Advocate Gaurav Kumar Bansal who appeared as Petitioner-in-Person, the second plea was filed by Advocate Harisha SR on behalf of Advocate Reepak Kansal. Senior Advocate SB Upadhyay appeared for Kansal.

Submitting that Section 12 of the Disaster Management Act, 2005, states that the National Authority shall recommend guidelines for minimum standards of relief to be provided to persons affected by disaster, which shall include ex gratia assistance on account of loss of life, the petitions pray for monetary compensation of Rs 4 lacs to the families of the deceased.

Kansal's plea, additionally, submits that it is the right of the family members to know the real cause of death of their family member on any official document, and has therefore approached the Top Court seeking directions to States to issue death certificates/any letter to the families of the deceases stating the cause of death.

The aforementioned prayer gains relevance as, the plea submits, medical officers/hospitals are not conducting post mortem of persons who are dying due to COVID-19, and that the certificate would be necessary to get the assistance and monetary compensation.

The plea concludes on the note that not only is it the legal obligation of the State to provide adequate relief to the victims of COVID-19 and their family members under State Disaster Response Fund (SDRF) as it is a "notified disaster", but it is also the Constitutional obligation of the State to take care of the victims of the calamity and their families.