National Disaster Management Authority to frame guidelines for grant of compensation to the dependents of those who died due to COVID and to simplify the process of issuance of death certificates in COVID cases.

Pursuant to the Top Court's direction in the Judgement dated June 30th, 2021 in which the Court directed the NDMA to frame guidelines for grant of compensation to the dependents of those who died due to COVID, Centre today informed Supreme Court that the families of those who die due to CoVID will receive Rs 50,000 ex gratia from the State Governments.

"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," the affidavit also states.

Who will be the beneficiaries

·         State Govt. will grant compensation amount of Rs 50,000/-per deceased person to the dependents of those who died due to COVID the funds will be paid by the States from the State Disaster Response Fund ("SDRF"). DDMA/District Administration would disburse the ex gratia assistance to the next of kin of the deceased persons

·         It will also include those who were involved in relief operations or associated in preparedness activities subject to cause of death being certified as CoVID 19.

·         Justice Shah suggests to include suicides where COVID was an accompanying condition. And the family members of people committing suicide within 30 days from being diagnosed as COVID-19 positive.

("What about the persons who committed suicide while they were suffering from Corona?", "You have to re-consider this", Justice Shah had told the SG.)

Process of Applications for the purpose

·         "Concerned families will submit their claims through a form issued by the State Authority along with specified documents including the death certificate that certifies the cause of death to be CoVID

·         The DDMA will ensure that the process of claim, verification, sanction and the final disbursement of ex gratia will be done through a robust yet simple and people-friendly procedure. All claims must be settled within 30 days of submissions of required documents and disbursed through Aadhaar Linked Direct Benefit Transfer procedures," 

·         The redressal of grievances regarding certification will be governed by the guidelines issued on September 3, 2021.

·         NDMA in the Guidelines for Ex Gratia Assistance to next kin of the deceased by CoVID 19 have also constituted a Committee at District Level consisting of:

Additional District Collector

Chief Medical Officer (CMOH)

Additional CMOH/ Principal or HOD Medicine of a Medical College (if one existing in district)

Subject Expert

·         Grievances with regards to certification of the death, the Committee would also issue amended Official Document for CoVID 19 death after verifying facts in accordance with these guidelines and to record the reasons in case it takes any decision which is not in Claimant's favour.

·         Regarding Insurance issue, the Ministry has informed the court  that NDMA has already started discussions/consultations on the recommendation of the XVth Finance Commission regarding insurance interventions.

“It is important that these insurance mechanisms are thoroughly studied, analysed and introduced with due diligence in partnership with insurance companies and hence it is a time taking process," affidavit further states in this regard.

Ref . Where covid patient could not get bed or oxygen and had to manage at home-condition of 72 hrs. Hospitalization)

·         Re-thinking of including death by suicide as CoVID 19 death even if CoVID 19 is an accompanying condition. Fresh guidelines issued by the Union Ministry of Health and Family Welfare to simplify the process of issuance of death certificates

The division bench of Justices MR Shah and AS Bopanna asked to settle Remaining issues such as

1)       Implementation of the policy by states with regards to the guidelines issued by the Centre

2)       Timeline for constitution of Committee for redressal of grievances regarding death certificates

3)       Documents to be submitted by the family members before the Committee & Documents that are to be provided by the concerned Hospitals