Lawstreet Journal

States Should Not Deny Ex-Gratia For Covid Deaths As Death Certificate Does Not Mention Covid As Cause Of Death: Supreme Court

Lawstreet Journal 5 Oct 2021 8:04pm

Image courtesy: Lawstreet Journal Judiciary States Should Not Deny Ex-Gratia For Covid Deaths As Death Certificate Does Not Mention Covid As Cause Of Death: Supreme Court

On 4th October 2021, the Supreme Court stated that the compensation of 50,000 as ex-gratia should be provided by the state to the kins of the deceased who have died of COVID, even if the death certificate of the person does not mention COVID as the cause of death. 

BACKGROUND

The Public Interest Litigations  filed by Reepak Kansal and Gaurav Kumar Bansal was the action responsible for the order of the Supreme Court to the National Disaster Management Authority(NDMA) to frame certain guidelines for granting compensation to the patients who had died due to COVID. 

Furthermore, Gaurav Kumar Bansal appealed in the apex Court for the implementation of the directions given to the NDMA, as a result of which guidelines were framed stating that the kins of the deceased were supposed to receive a compensation of INR 50,000 which is to be paid by the States from the State Disaster Response Funds.


In order to resolve the anomalies of the Death Certificate, it was held that the Grievance Redressal Committees at district and state levels would be responsible for dealing with such problems. 

OBSERVATION OF THE BENCH 

The Bench of Supreme Court consisting of Justices MR Shah and AS Bopanna held that the guidelines issued by the National Disaster Management Authority should be followed  for granting compensation in such cases. 

The Bench further held that if a deceased dies due to COVID and the death certificate has been issued without COVID as a reason of death then they can… Continue Reading...


Tagged: Corona Updates   Supreme Court of India  
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