Supreme Court approves ex-gratia policy of Rs 50,000 to people who died of COVID-19

The Supreme Court on October 4, 2021, approved the ex-gratia policy of Rs 50,000 to families of people who died due to COVID-19 or committed suicide due to COVID-19. The approved amount will be disbursed through the disaster response funds in each state within 30 days of application, ruled the Supreme Court. The Apex court also applauded the schemes by the Centre for helping and offering compensation to the families of those who lost their members due to COVID-19.

Supreme Court approves ex-gratia policy of Rs 50,000 to people who died of COVID-19

After hearing two petitions by Advocates Reepak Kansal and Gaurav Kumar Bansal, the Supreme Court directed the National Disaster Management Authority (NDMA) to look into the question of providing ex-gratia to the next of kin of the deceased.

The Supreme Court also asked the government to form guidelines for granting ex-gratia to the families of people who died due to COVID-19. The Court has also asked to simplify the process of obtaining death certificates for those who passed away during the pandemic.

SC asks to form guidelines and correct cause of death as COVID-19 if required

In accordance with the Supreme Court’s order to formulate guidelines, the Ministry of Health and Family Welfare (MoHFW) and the Indian Council of Medical Research (ICMR) collaborated to form guidelines. These guidelines stated that death would be considered a COVID-19 death if a person was clinically determined in an in-patient facility or hospital by a physician, or was diagnosed through RT-PCR test, Rapid Antigen Test, Molecular Test.

The Apex Court also directed that no State would deny the ex-gratia of Rs 50,000 even if the cause of death is not shown as COVID in the death certificate. In cases where a person died in a hospital or at home but the cause of death is uncertain, if the family members provide enough evidence to the authority that the death was due to COVID-19 then it will be treated as a COVID-19 death. The Supreme Court also directed that if required the correction of papers be done to correct the cause of death as COVID-19.