Supreme Court - Daily Orders
Gaurav Kumar Bansal vs Union Of India on 4 October, 2021
Author: M.R. Shah
Bench: M.R. Shah, A.S. Bopanna
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
MISCELLANEOUS APPLICATION NO. 1120 OF 2021
IN
WRIT PETITION (CIVIL) NO. 539 OF 2021
Gaurav Kumar Bansal …Writ Petitioner
Versus
Union of India and others …Applicants/
Respondents
Order on compliance of the judgment and order dated 30.06.2021
Passed in Writ Petition (Civil) No. 539 of 2021
M.R. SHAH, J.
1. Pursuant to a detailed judgment and order dated 30.06.2021, this Court
directed the National Disaster Management Authority (NDMA) and the
appropriate authority in paragraph 16 as under:
“16. In view of the above and for the reasons stated above, we
dispose of the present writ petitions with the following directions:
1) We direct the National Disaster Management Authority to
recommend guidelines for ex gratia assistance on account of loss of
life to the family members of the persons who died due to Covid-19,
as mandated under Section 12(iii) of DMA 2005 for the minimum
standards of relief to be provided to the persons affected by disaster
– Covid 19 Pandemic, over and above the guidelines already
recommended for the minimum standards of relief to be provided to
Signature Not Verified
persons affected by Covid-19. However, what reasonable amount to
Digitally signed by R
be offered towards ex gratia assistance is left to the wisdom of
Natarajan
Date: 2021.10.04
16:31:50 IST
Reason:
National Authority which may consider determining the amount taking
into consideration the observations made hereinabove, such as,
requirement/availability of the fund under the NDRF/SDRF for other
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reliefs and the priorities determined by the National Authority/Union
Government and the fund required for other minimum standards of
relief and fund required for prevention, preparedness, mitigation and
recovery and other reliefs to carry out the obligation under DMA
2005. The aforesaid exercise and appropriate guidelines be
recommended, as directed hereinabove, within a period of six weeks
from today;
2) The Appropriate Authority is directed to issue simplified
guidelines for issuance of Death Certificates/official document stating
the exact cause of death, i.e., “Death due to Covid-19”, to the family
members of the deceased who died due to Covid-19. While issuing
such guidelines, the observations made hereinabove in paragraph 13
be borne in mind. Such guidelines may also provide the remedy to
the family members of the deceased who died due to Covid-19 for
correction of the death certificate/official document issued by the
appropriate authority, if they are not satisfied with the cause of death
mentioned in the death certificate/official document issued by the
appropriate authority; and
3) The Union of India to take appropriate steps on the
recommendations made by the Finance Commission in this XVth
Finance Commission Report bearing paragraph 8.131 in consultation
with other stakeholders and experts.”
2. Under the above directions in terms of para 16(1), the NDMA was
required to recommend guidelines for ex-gratia assistance on account of loss
of life to the family members of the persons who died due to Covid-19, as
mandatory under Section 12 (iii) of the Disaster Management Act, 2005 (for
short, ‘DMA 2005’) for the minimum standards of relief to be provided to the
persons affected by disaster – Covid-19 Pandemic, over and above the
guidelines already recommended for the minimum standards of relief to be
provided to persons affected by Covid-19, within a period of six weeks from
30.06.2021. This Court also specifically observed that what reasonable
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amount to be offered towards ex-gratia assistance is left to the wisdom of the
NDMA which may consider determining the amount taking into consideration
the observations made in the detailed judgment and order dated 30.06.2021,
such as, requirement/availability of the fund under the NDRF/SDRF for other
reliefs and the priorities determined by the National Authority/Union
Government and the fund required for other minimum standards of relief and
fund required for prevention, preparedness, mitigation and recovery and other
reliefs to carry out the obligation under DMA 2005.
3. By order dated 16.08.2021, this Court extended the time for framing the
guidelines as per the directions contained in paragraph 16(1) of the judgment
dated 30.06.2021, by a further period of four weeks.
4. An affidavit/additional affidavit has been filed on behalf of the Union of
India with respect to compliance of the directions contained in paragraph 16(1)
of the judgment dated 30.06.2021 and it is stated that now the NDMA has
prepared guidelines for ex-gratia assistance to the next of the kin of the
deceased due to Covid-19 under Section 12(iii) of the DMA 2005, vide
guidelines dated 11.09.2021 under which the NDMA has recommended an
amount of Rs.50,000/- as ex-gratia payment to the next of the kin of the
deceased due to Covid-19. It is stated that the ex-gratia assistance shall be
provided by the States from the State Disaster Response Fund (SDRF) and
the ex-gratia assistance to the next of the kin of the deceased person shall be
disbursed by the District Disaster Management Authority/District
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Administration and the disbursement shall be as per clause 8 of the said
guidelines. The relevant clauses of the guidelines read as under:
“5. In view of the points mentioned in para 2, the Authority
recommends an ex-gratia payment to next of kin of the deceased due
to COVID-19, subject to cause of death being certified as COVID-19
as per the guidelines issued by MoHFW and ICMR.
6. Amount of ex-gratia payment: The Authority recommends
an amount of Rs.50,000/- (Fifty Thousand only) per deceased person
including those involved in relief operations or associated in
preparedness activities, subject to cause of death being certified as
COVID-19. With regards to such certification, and redressal of any
grievances regarding the same, guidelines issued by MoHFW and
ICMR on 3rd September, 2021 and referred to in para 2 above, will be
applicable.
7. Source of funds: The ex-gratia assistance shall be provided
by States from the State Disaster Response Fund (SDRF).
8. Disbursement: The District Disaster Management Authority
(DDMA)/ district administration would disburse the ex-gratia
assistance to the next of kin of the deceased persons. The
concerned families will submit their claims through a form issued by
State Authority along with specified documents including the death
certificate that certifies the cause of death to be COVID-19. The
DDMA will ensure that the process of claim, verification, sanction,
and the final disbursement of ex-gratia payment will be through a
robust yet simple and people-friendly procedure. All claims must be
settled within 30 days of submission of required documents and
disbursed through Aadhaar linked Direct Benefit Transfer procedures.
9. Grievance redressal: In case of any grievances with regards
to certification of the death, as prescribed in the MoHFW and ICMR
guidelines mentioned above a Committee at district level consisting
of Additional District Collector, Chief Medical Officer of Health
(CMOH), Additional CMOH/Principal or HOD Medicine of a Medical
College ( if one existing in the district) and a subject expert, will
propose necessary remedial measures, including issuance of
amended Official Document for COVID-19 death after verifying facts
in accordance with these guidelines. In case the decision of the
Committee is not in favour of the claimant, a clear reason for the
same shall be recorded.
10. Continuous Scheme: The Ex-gratia assistance to families
affected by COVID-19 deaths will continue to be provided for deaths
that may occur in the future phases of the COVID-19 pandemic as
well, or until further notification.
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5. Now so far as the directions contained in para 16(2) of the judgment
dated 30.06.2021 are concerned, first affidavit has been filed on 08.09.2021 in
which it is stated that in compliance of the directions issued by this Court
contained in paragraph 16(2), the Ministry of Health & Family Welfare,
Government of India and the Indian Council of Medical Research have jointly
issued guidelines dated 3.9.2021 for issuance of an official document for
Covid-19 related deaths. It is further stated that office of the Registrar General
of India has also issued a circular dated 3.9.2021 to provide a medical
certificate of cause of death to the next of the kin of the deceased. Under the
guidelines dated 3.9.2021, it is provided as under:
“Government of India Ministry of Health & Family Welfare & Indian
Council of Medical Research Guidelines for Official Document for
COVID19 Death (lssued in compliance to the Hon'ble Supreme Court
order dated 30.06.2021 in WP(Civil) No. 539 and WP (Civil) 554 of
2021) .
1.Background
Since the beginning of the Covid-19 pandemic, Indian Council of
Medical Research (ICMR) and Ministry of Health & Family Welfare have
been issuing specific guidelines to States/UTs based on World Health
Organization's (WHO) guidelines & global best practices on reporting
Covid deaths. Relevant officers in States/UTs have also been trained on
correct recording of deaths related to Covid-19. Hon'ble Supreme Court
in Writ Petition (Civil) No. 539 and 554 of 2021 directed the Central
Government to issue simplified guidelines for issuance of Official
Document relating to COVID-19 deaths to the family members of the
deceased, who died due to COVID-19. Hon'ble Court had directed that
such guidelines may also provide the remedy to the family members of
the deceased who died due to COVID-19 for correction of the Medical
Certificate of Cause of Death/Official Document issued by the
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appropriate authority.
2. Guiding Principles
i. COVID-19 cases, for the purpose of these Guidelines, are those
which are diagnosed through a positive RT-PCR/ Molecular Tests/ RAT
OR clinically determined through investigations in a hospital/ in-patient
facility by a treating physician, while admitted in the hospital/ in-patient
facility.
ii. Deaths occurring due to poisoning, suicide, homicide, deaths due to
accident etc. will not be considered as COvID-19 deaths even if
COVID19 is an accompanying condition.
3. Scenario based approach and interventions
i. COVID-19 cases which are not resolved and have died either in
hospital settings or at home, and where a Medical Certificate of Cause
of Death (MCCD) in Form 4 & 4 A has been issued to the registering
authority as required under Section 10 of the Registration of Birth and
Death (RBD) Act, 1969, will be treated as a COVID-19 death. Registrar
General of India (RGI) will issue necessary guidelines to Chief
Registrars of all States/UTs.
ii. As per the study by Indian Council of Medical Research (ICMR), 95%
i. deaths take place within 25 days of being tested Covid positive. To
make the scope broader and more inclusive, deaths occurring within 30
days from the date of testing or from the date of being clinically
determined as a COVID-19 case, will be treated as 'deaths due to
COVID-19, even if the death takes place outside the hospital/ in-patient
facility.
iii. However, a COVID-19 case, while admitted in the hospital in-patient
ii. facility, and who continued as the same admission beyond 30 days,
and died subsequently, shall be treated as a COVID-19 death.
iv. In cases where the MCCD is not available or the next of kin of the
deceased is not satisfied with the cause of death given in MCCD (Form
4/4A), and which are not covered by the aforesaid scenarios, the
States/ UTs shall notify a Committee at district level consisting of
Additional District Collector, Chief Medical Officer of Health (CMOH),
Additional CMOH/ Principal or HOD Medicine of a Medical College (if
one exists in the district) and a subject expert, for issuance of the
Official Document for COVID-19 Death. The Committee will follow the
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procedure outlined below:
a. The next of kin of the deceased shall submit a petition to the District
Collector for issuance of the appropriate Official Document for COVID-
19 Death.
b. The Official Document for COVID-19 Death will be issued in the
format annexed to these Guidelines by the aforesaid district-level
Committee after due examination and verification of all facts.
c. The Official Document for COvID-19 Death shall also be
communicated to Chief Registrars of States/UTs and Registrar of Birth
and Death, who issued the death certificate.
d. The Committee shall also examine the grievances of the next of kin
of the deceased, and propose necessary remedial measures, including
issuance of amended Official Document for COVID-19 Death after
verifying facts in accordance with these guidelines. e.
e. The applications for issuance of Official Document for COVID-19
Death and for redressal of grievances shall be disposed off within 30
days of submission of the application/ grievance.”
6. It provided that the deaths occurring due to poisoning, suicide, homicide,
deaths due to accident etc. will not be considered as Covid-19 deaths even if
Covid-19 is an accompanying condition.
7. On the last date of hearing, a concern was shown on some of the clauses
in the guidelines dated 3.9.2021 including the deaths occurring due to
poisoning, suicide, homicide, deaths due to accident etc. will not be
considered as Covid-19 deaths even if Covid-19 is an accompanying
condition.
7.1 A concern was also shown with respect to Grievance Redressal
Mechanism in case of any grievance with regard to certification of the death.
To that, under the guidelines dated 11.09.2021 in clause 9, a provision is
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made with respect to constitution of a Grievance Redressal Committee at
District level consisting of the members mentioned in clause 9 of the
guidelines dated 11.09.2021, which is reproduced hereinabove.
8. A further additional affidavit dated 22.09.2021 has been filed on behalf of
the Union of India on some of the issues/concerns expressed by this Court
during the course of hearing on 13.09.2021 and in response thereto, it is
submitted as under:
SL . CONCERNS EXPRESSED BY SUBMISSION OF THE
NO. THIS HON'BLE COURT CENTRAL
GOVERNMENT
1 Since the Guidelines In this regard
. expressed that they it is respectfully
are prospective in submitted that
guidelines already
nature, therefore, a
issued states that:
concern
was highlighted by i. COVID-19 cases,
this Hon'ble Court for the purpose
of these
about the validity of
guidelines, are
the certificates which those which are
have already been issued diagnosed through a
by the positive RT- PCR/
hospitals/Government Molecular Tests/ RAT
Authority prior to OR clinically
coming into force the determined
through investigations
Guidelines dated in a hospital/
3.09.2021. in-patient facility by
a treating physician,
while admitting in the
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A concern was raised as hospital/ in-patient
to whether there was facility.
an option of getting
the certificates issued
ii. COVID-19 cases
prior 3.09.2021 corrected
which are not resolved
or re-issued, if they
and have died either
were not in
in hospital settings or
accordance with the
at home, and where
3.09.2021 guidelines.
a Medical
Certificate of Cause
of Death (MCCD) in
During the hearing of
Form 4 & 4 A has
the matter it was also
been issued to the
deliberated as to what
registering authority,
procedure would be
as required under
followed by
Section 10 of the
the authorities in
Registration of Birth
cases there arises a
and Death (RBD)
dispute between the
Act, 1969, will be
hospital and the
treated as a COVID-19
family members of
death.
a deceased
regarding the cause of
death and who would
a. To make the
ascertain as to
scope broader
whether the cause of
and more
death was Covid-19
inclusive,
related or not.
deaths occurring
within 30 days
from the date of
testing or from
the date of
being clinically
determined as a
COVID-19 case,
will be treated
as' deaths
due to
10
COVID-19', even
if the death
takes place
outside the
hospital/ in-
patient facility.
b. Also, a
COVID-19 case,
while admitted
in the
hospital/in-
patient
facility, and
who continued
to be admitted
beyond 30
days, and
died
subsequently,
shall be
treated as
a COVID-19
death.
iii. Further,
under the
Guidelines
any certificate of
death issued by
hospitals /
government
authority prior to
coming into force
of the Guidelines
dated 3.09.2021,
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can be reviewed
and rectified and
consequently
freshly issued. It is
submitted that
liberty would be
granted to the next
of kin of the
deceased to raise a
grievance before the
concerned District
Level Committee, as
envisaged in
guidelines dated
3.09.2021, that the
cause of death of
his/her kin was
COVID related as per
the parameters
prescribed in the
guidelines dated
3.09.2021, however,
the death certificate
issued do not
recognizes it as
‘death due to Covid-
19” and mentions
some other
incidental cause in
the death certificate
issued as the cause
of death.
On such application
the District
Level Committee, will
examine the
contemporaneous
medical records of
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the deceased patient
in light of the
guidelines dated
3.09.2021, and
if, District Level
Committee comes to
the conclusion that
the case of the
applicant indeed falls
within the
parameters
contemplated under
the guidelines dated
3.09.2021, then
District Level
Committee would
issue a fresh or
corrected certificate
for the deceased in
accordance with the
guidelines dated
03.09.2021 certifying
his death to be
COVID related death
eligible for
financial/other
assistance as
provided by the
Central
Government/SDRF.
Further, the District
Level Committee
proposed in the
guidelines shall also
consider any dispute
between the hospital
and the family
regarding the cause
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of death.
2 It was further observed It is further respectfully
. by this Hon’ble Court that submitted that MoHFW
what would be the and ICMR has further
clarified that death
sanctity of the documents
certificate indicating
which have been received COVID-19 deaths either
by the family members of already issued prior to
the deceased patient coming into force of
prior to coming into force these Guidelines or as
of these Guidelines. This rectified by the District
Hon’ble Court observed Level Committee shall
be treated as the valid
as to what kind of
document for
documents the considering any death
Committee will consider as ‘death due to
for granting the financial COVID-19’.
benefits to people who
have died and have been In this regard, it is
issued certificates prior to respectfully submitted
coming into force of the that it is clarified by
the Registrar General
present Guidelines.
of India (RGI) that the
Medical Certificate of
Cause of Death (MCCD)
in Form 4/4A would
remain valid, which
can be issued in
pursuance of the
circular dated
3.09.2021 issued by
the office of Registrar
General of India.
3 A concern was raised In this regard it is
. during the hearing of the respectfully submitted
matter regarding the that the timeline for
setting up of the said
timeline in which the
Committee by the
Committee as evinced in States may be
the guidelines dated prescribed as 30 days
03.09.2021 would be for which suitable
constituted by respective instructions can be
State Governments and issued by Ministry of
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what would be the Health and Family
timeline for the Welfare. Furthermore,
Committee to resolve the in addition to the
above this Hon’ble
disputes placed before it.
Court may also pass a
Mandamus directing all
State Governments/UTs
to constitute the said
Committee within 30
days in the interest of
justice.
4 A further concern was In this regard it is
. raised during the hearing respectfully submitted
of the matter that these that all the State
Governments are
Guidelines have been
respondents in the
issued by the Ministry of present petition and
Health, Disaster the guidelines have
Management Cell; been framed in
however, their pursuance of the
implementation and judgment of the
binding effect on the Hon’ble Supreme
Court, hence, it is
respective State
binding on State
Governments remains a Governments to
question. implement it.
Furthermore, this
Hon’ble Court, may in
the interest of justice
issue a Mandamus
directing all States to
comply with the said
guidelines
scrupulously.
5 During the hearing dated It is respectfully
. 13.09.2021, this Hon’ble submitted that suitable
Court also observed that directions in this
regard may be passed
there have been cases
by this Hon’ble Court,
where people suffering whereby, the family
from COVID-19 members of people
committed suicide. This committing suicide
Hon’ble Court observed within 30 days from
being diagnosed as
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that the said class of COVID-19 positive as
people do not form part per MoHFW/ICMR
of the Guidelines dated guidelines will also be
entitled to avail
3.09.2021. Accordingly, it
financial help as
was deliberated that case granted under SDRF in
of such class of people accordance with the
should also be suitably Guidelines dated
considered and they 11.09.2021 issued by
should also be included NDMA under Section
within the ambit of 12(iii) of DMA.
financial help sought to
be given by the Union of
India under the
Guidelines which would
be framed under Section
12(iii) of DMA.
9. Having heard Shri Tushar Mehta, learned Solicitor General of India and
the writ petitioner Mr. Gaurav Kumar Bansal and Mr. Sumeer Sodhi, learned
Advocate for the intervenor and considering the Guidelines dated 11.09.2021
issued by the National Disaster Management Authority issued under Section
12 (iii) of DMA, 2005 on amount of ex-gratia assistance to the next of the kin
of the deceased due to Covid-19 and the affidavit/additional affidavit filed on
behalf of the Union of India, it appears that the NDMA has recommended an
amount of Rs.50,000/- as ex-gratia payment to the next of the kin of the
deceased due to Covid-19. The Guidelines also provide that ex-gratia
assistance shall be provided by the States from the State Disaster Response
Fund (SDRF) and the ex-gratia assistance to the next of the kin of the
deceased person shall be disbursed by the District Disaster Management
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Authority/District Administration.
10. In furtherance of our earlier order dated 30.06.2021, it is directed as
under:
i) that the next of the kin of the deceased died due to Covid-19 shall be
paid ex-gratia assistance of an amount of Rs.50,000/-, which shall be treated
as ex-gratia payment under Section 12(iii) of the DMA, 2005 and which shall
be minimum and which shall be over and above the compensation/amount to
be paid by the Union of India/State Governments/Union Territories to be
declared/provided under different benevolent schemes;
ii) that the ex-gratia assistance of Rs. 50,000/- shall be provided by the
concerned States from the State Disaster Response Fund (SDRF);
iii) that the ex-gratia assistance to the next of the kin of the deceased shall
be disbursed by the District Disaster Management Authority/District
Administration;
iv) that the full particulars and address of the District Disaster Management
Authority/District Administration who is required to disburse the ex-gratia
assistance of Rs. 50,000/- shall be published in the Print Media and Electronic
Media and wide publicity shall be given;
that the same shall be published within a period of one week from today;
it is further directed that such information shall also be published in the
prominent offices of the village/taluk/district, such as, Gram Panchayat Office,
Taluk Panchayat Office, District Collector Office, Corporation Office etc.;
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v) that such ex-gratia assistance of Rs. 50,000/- shall be disbursed within a
period of 30 days from the date of submitting the application to the concerned
District Disaster Management Authority/District Administration along with the
proof of the death of the deceased due to Covid-19 and the cause of death
being certified as “Died due to Covid-19”;
vi) that the amount to be disbursed as per the Guidelines dated 11.09.2021
and as observed hereinabove on the death being certified as Covid-19 death
for which the cause of death mentioned in the death certificate shall not be the
conclusive and if other documents are provided as discussed hereinbelow, the
next kin of the deceased died due to Covid-19 shall be entitled to the ex-gratia
assistance of Rs. 50,000/-;
vii) that no States shall deny the ex-gratia assistance of Rs.50,000/- to the
next of the kin of the deceased died due to Covid-19 solely on the ground that
in the death certificate issued by the appropriate authority, the cause of death
is not mentioned as “Died due to Covid-19”;
viii) that in case of any grievance with regard to certification of the death, the
aggrieved person may approach the Committee at District level consisting of
Additional District Collector, Chief Medical Officer of Health (CMOH),
Additional CMOH/Principal or HOD Medicine of a Medical College (if one
existing in the district) and a subject expert, who shall take remedial measures
including issuance of amended official document for Covid-19 death after
verifying the facts on production of the necessary documents showing that the
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death is due to Covid-19;
ix) that the Authority/Committee shall carry out the directions as mentioned
hereinbelow while considering the case of the deceased as Covid-19. All the
States shall constitute such Committee within a period of one week from today
and the address location and full particulars of the said Committee at the
District level shall be published in Print Media and Electronic Media having
wide circulation;
so far as the Corporation area is concerned, a similar Committee be
constituted consisting the Deputy Commissioner, Medical/Health, the Chief
Medical Officer of Health of the Civil Hospital in the area, if any, Additional
CMOH/Principal/HOD Medicine of a Medical College (if one existing in the
district) and a subject expert and their office shall be at the office of the
Municipal Corporation of the concerned municipality;
x) it is further directed that in case the decision of the Committee is not in
favour of the claimant, a clear reason for the same shall be recorded by the
Committee which is called a Grievance Redressal Committee;
xi) as agreed, and as per the Guidelines, the ex-gratia assistance to the
families affected by Covid-19 deaths shall continue to be provided for deaths
that may occur in future phases of Covid-19 as well.
11. Now so far as the directions contained in para 16(2) of our earlier order
dated 30.06.2021 for issuance of the death certificates/official document
stating the exact cause of death, i.e., “died due to Covid-19” to the family
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members of the deceased who died due to Covid-19 is concerned,
considering the additional affidavit filed on behalf of the Union of India dated
8.9.2021 and the subsequent clarification in the additional affidavit dated
22.09.2021 and the guidelines dated 3.9.2021, in furtherance of our earlier
order dated 30.06.2021, it is further directed as under:
i) Covid-19 cases, for the purpose of considering the deaths of the
deceased due to Covid-19, are those which are diagnosed through a positive
RT-PCR/Molecular Tests/RAT or clinically determined through investigations in
a hospital/in-patient facility by a treating physician, while admitted in the
hospital/in-patient facility;
ii) that the deaths occurring within 30 days from the date of testing or from
the date of being clinically determined as a Covid-19 case shall be treated as
“Deaths due to Covid-19”, even if the death takes place outside the
hospital/in-patient facility;
iii) also, the Covid-19 case while admitted in the hospital/in-patient facility
and who continued to be admitted beyond 30 days and died subsequently
shall also be treated as a Covid-19 death;
iv) Covid-19 cases which are not resolved and have died either in the
hospital settings or at home, and where a Medical Certificate of Cause of
Death (MCCD) in Form 4 & 4A has been issued to the registering authority, as
required under Section 10 of the Registration of Birth & Death (RBD) Act,
1969, shall also be treated as Covid-19 death. However, it is observed and
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made clear that irrespective of the cause of death mentioned in the death
certificate, if a family member satisfies the eligibility criteria mentioned in
paragraphs 11(i) to 11(iv) as above shall also be entitled to the ex-gratia
payment of Rs. 50,000/- on production of requisite documents as observed
hereinabove, and no State shall deny the ex-gratia payment of Rs. 50,000/- on
the ground that in the death certificate the cause of death is not mentioned as
“Died due to Covid-19”;
v) all concerned hospitals where the patient was admitted and given
treatment shall provide all the necessary documents of treatment etc. to the
family member of the deceased, as and when demanded, and if any hospital
and/or the place where the deceased had taken treatment refuses to furnish
such documents, it will be open for the Grievance Redressal Committee to call
for such information and the concerned hospital/institution where the
deceased was admitted shall have to furnish such particulars as required for
the purpose of establishing that the death was due to Covid-19;
vi) a family member of the deceased who committed suicide within 30 days
from being diagnosed as Covid-19 positive shall also be entitled to avail the
financial help/ex-gratia assistance of Rs. 50,000/- as granted under the SDRF
in accordance with the guidelines dated 11.09.2021 issued by the NDMA
under Section 12(iii) of DMA, 2005, as directed hereinabove;
vii) if any family member/kin of the deceased died due to Covid0-19 has any
grievance with respect to non-receipt of the ex-gratia payment of Rs. 50,000/-,
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it will be open for the aggrieved claimant to approach the Grievance Redressal
Committee constituted as observed hereinabove, and the Grievance
Redressal Committee shall examine the contemporaneous medical record of
the deceased patient, and take a decision within a period of 30 days from
approaching the said Grievance Redressal Committee and as observed
hereinabove such Grievance Redressal Committee shall have powers to call
for the details/documents from the concerned hospital/hospitals from where
the deceased took the treatment;
viii) all endeavours shall be made by the District Disaster Management
Authority/District Administration and even the Grievance Redressal Committee
to avoid any technicalities and all concerned authority shall act as a helping
hand, so as to wipe off the tears of those who have suffered due to loss of a
family member died due to Covid-19;
ix) it is further directed that in cases of the death certifications already
issued and any family member of the deceased is aggrieved by the cause of
death mentioned in the death certificate already issued, it will be open for the
aggrieved person to move the appropriate authority who issued the death
certificate and/or registering authority and on production of the necessary
documents as observed hereinabove, including production of documents, such
as, positive RT-PCR/ Molecular Tests/ RAT OR clinically determined through
investigations in a hospital/ in-patient facility by a treating physician, while
admitted in the hospital/ in-patient facility, the concerned authority shall
22
modify/amend such death certificates. If the person is still aggrieved, it will be
open for the aggrieved person to approach the Grievance Redressal
Committee constituted as hereinabove and the concerned registering authority
shall ratify/amend the death certificate as directed by the Grievance Redressal
Committee.
12. The National Disaster Management Authority (NDMA), Ministry of Health
and Family Welfare, Union of India are directed to issue guidelines to the
concerned States/Union Territories incorporating the directions issued
hereinabove which shall be binding to all the States/Union Territories.
13. Miscellaneous Application No. 1120/2021 stands disposed of with the
aforesaid directions.
……………………………………J.
[M.R. Shah]
New Delhi; …………………………………….J.
October 04, 2021. [A.S. Bopanna]
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ITEM NO.6 Court 13 (Video Conferencing) SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 1120/2021 in W.P.(C) No. 539/2021
(Arising out of impugned final judgment and order dated 30-06-2021
in W.P.(C) No. No. 539/2021 passed by the Supreme Court Of India)
GAURAV KUMAR BANSAL Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.84308/2021-EXTENSION OF TIME)
Date : 04-10-2021 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE A.S. BOPANNA
For Parties: Mr. Tushar Mehta, SG
Mr. K.M. Nataraj, ASG
Ms. Aishwarya Bhati, ASG
Mr. Rajat Nair, Adv.
Mr. Amit Sharma, Adv.
Mr. Sughosh Subramanyam, Adv.
Mr. B. V. Balaram Das, AOR
Petitioner-in-person
Mr. Sumeer Sodhi, AOR
UPON hearing the counsel the Court made the following
O R D E R
Miscellaneous Application stands disposed of in terms of the signed reportable Order.
Pending applications, if any, also stand disposed of.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed reportable Order is placed on the file)