Terming
the process explained by the Central Government for issuing death certificates
on death from corona as complicated, the Supreme Court said that it should be
considered to be simplified. Also, those whose death certificates have been
issued earlier, but the cause of death is not recorded as corona, there should
be a system of improvement in them, so that their relatives can get the benefit
of the announced schemes.
During
the hearing, the court asked the Center whether the NDMA (National Disaster
Management Authority), headed by the Prime Minister, had taken any decision
regarding not giving ex-gratia amount of Rs. 4 Lakhs. A vacation bench of
Justices Ashok Bhushan and MR Shah reserved its decision after a detailed
hearing on the demand for compensation of Rs 4 lakh on death from Corona. The
petitions have also sought to register the cause of death in the death
certificate from Corona on the death certificate. The court had asked the
Center on the last hearing whether there is any uniform policy regarding
issuance of death certificates.
In
the affidavit filed by the Central Government in the court, the entire process
of issuing the death certificate was explained. During the hearing, Justice MR
Shah told Solicitor General Tushar Mehta, appearing for the Centre, that prima
facie the process of issuing death certificates appears to be quite
complicated. The process should be simple. Not only this, those whose death
certificate has been issued, but the cause of death is not recorded as corona,
there should also be a system of improvement.
In
many cases both parents have died. Only children are left. Somewhere only the
elderly are left in the family. The cause of death is not written as corona in
the death certificate. Some other reason given. Like a heart attack or
something. In such a situation, how will the victim's family get the benefit of
the announced scheme? Shouldn’t it be that the person whose report has come
corona positive and is admitted to the hospital, he is issued a death
certificate from corona?
The
bench also said that sometimes even after the corona report comes negative,
later problems arise. The bench asked Mehta to do something about it. Mehta
assured to look into the issue. He said that according to the rules, it is
mandatory to certify any death due to corona as death due to corona. Not doing
so is punishable. The bench said that different compensation is being given in
different states. Shouldn't there be a uniform compensation policy?
The
Solicitor General said that the states are declaring different compensation to
their citizens. They do not do this from the SDRF fund, but from the Chief
Minister’s Relief Fund etc. It should be noted that in the affidavit of the
Center, it was said that compensation of Rs 4 lakh cannot be given to the
relatives on death due to corona. It is beyond economic capability. But Mehta
said that we are not saying that the government does not have money, but we are
spending on other things related to disaster management, such as strengthening
health infrastructure, food for all, vaccination etc. This pandemic is
different from others. One-time compensation cannot be given in this.
On
the petitioners’ demand of four lakh compensation, Justice Shah said that all
epidemics are different. If the severity and prevalence of the epidemic is
high, then it cannot be said that the same rule should be adopted for all
epidemics. Terming the non-inclusion of funeral staff in the insurance cover to
the front line workers as an important issue, Mehta said that it would be
considered. He said it was a valid concern. The members of crematoriums who
cremate people who died of corona have not been brought under the purview of
the insurance scheme. I will consider this aspect.
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Dr.
Deepak Miglani, Email id.:- legalbuddy@gmail.com
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