Relief in extension: On SC order on financial assistance to kin of COVID-19 families

SC order on payment to kin of COVID-19 victims is a recognition of their plight

most welcome feature of Order of the Supreme Court of India detailing the modalities for payment of ex-gratia financial assistance to Families of those who died of COVID-19 There is a stern warning that no state shall deny benefits merely on the ground that the cause of death due to Novel Coronavirus disease has not been specified in the death certificate of a person. Thanks to the perseverance of the Court, the central government took its initial due diligence about bearing the financial burden of paying compensation to the next of kin of over 4.49 lakh people who have been officially registered due to virus infection. The National Disaster Management Authority issued guidelines last month, Specifying that ₹50,000 be paid for each death. While the primary requirement for availing this assistance is that the death should be certified as being due to COVID-19, the court has rightly ruled that the cause mentioned in the death certificate is conclusive in itself. shall not, and if other documents are provided, the family shall be entitled to Compensation amount. The experience of the past year and a half has shown that hospitals attribute some deaths to co-morbidities rather than infections; And many died after testing negative during hospitalization or after discharge. It is now clarified that deaths in a COVID-19 case occurring within 30 days from the date of testing or from the date of clinical determination shall be considered eligible for assistance, “even if the death occurred outside the hospital. Have happened patient facility”.

Given the fact that independent data analysis has revealed a potentially steep reduction in the official COVID-19 toll maintained by state governments and the Centre, the idea that only a certified COVID-19 death should qualify for compensation, has rightly been rejected. Of course, some documentary evidence will still be required to establish the cause, but once it is submitted, the payment should be disbursed within 30 days. For those whose claims are likely to be rejected or disputed, it is a matter of consolation that the court has created an appeal mechanism in the form of grievance redressal committees at the district level. These panels can issue revised official documents to certify COVID-19 deaths, as well as give them the power to call for records or information from the hospitals where the deceased were admitted. To meet the need for a humanitarian approach, the Court has included those who took their lives in the shadow of the pandemic within the ambit of the scheme. It has also advised officials to avoid technicalities in processing of claims. Assistance will be welcomed by those affected, not because it will be enough to offset the adverse impact that countless families have suffered because of the pandemic, but as a sign that their plight and immediate help is available.

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