Ex-gratia for COVID death

The Supreme Court's approval to the Central government's scheme of payment of Rs 50,000 as ex-gratia to the next of kin of persons who died of COVID-19 has cleared the decks for assisting the intended beneficiaries under the 'Disaster Management Act'. The apex court has also directed that no state should deny the payment of this ex-gratia, as recommended by the National Disaster Management Authority (NDMA), merely on the ground that the death certificate does not mention COVID-19 as the cause of death. Effective implementation of the scheme will depend on the State Governments simplifying the process of making corrections in death certificates that were wrongly issued and adequately empowering the Grievance Redressal Committees. The court order has made it clear that the ex-gratia amount will be over and above the amounts paid by the Central and state governments under various benevolent schemes. The beneficiaries of the 'Chief Minister's COVID Widow Support Scheme' of the Assam Government for providing an ex-gratia of Rs 1 lakh to the widow of a COVID-19 victim, for instance, will also be entitled to get the ex-gratia amount recommended by the NDMA. The court, in its order, stated that the authorities concerned can make corrections in the death certificates on the production of documents like RT-PCR test reports. Wide publicity to the scheme as directed by the apex court, will enable the next of kin of lakhs of persons who died of COVID-19 to file applications to the District Disaster Management Authority concerned. The ex-gratia payment will be made from the State Disaster Response Fund (SDRF) and therefore the Central government sanctioning adequate allocations to the States will be critical to ensure SDRF requirement for management of other disasters by the state government. In Assam, the SDRF allocations are on account of relief and rehabilitation of lakhs of flood and erosion affected people. The ex-gratia assistance will be applicable from the date of the first COVID-19 case in India and will continue till its de-notification as a 'disaster' due to which the States will require dedicated allocations under SDRF for ex-gratia payment. The SC order in the case has also settled the debate over the cause of death to be written in death certificates if a patient whose COVID test was positive, but the test was found negative later and cause of death was attributed to being comorbidity. The fresh guidelines for official documents for COVID-19 death issued by the Ministry of Health and the Indian Council of Medical Research in compliance with the Supreme Court order have brought more clarity on the matter. The new guidelines define COVID-19 cases as those cases that are diagnosed through an RT-PCR/ Molecular Test/ Rapid Antigen Test, or those that have been clinically determined in a hospital or an in-patient facility. A Covid-19 case, while admitted to the hospital/in-patient facility, and who continued as the same admission beyond 30 days, and died subsequently, shall be treated as a Covid-19 death. To make the scope more inclusive, the guidelines say that 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. The next kin of those who died of the virus due to involvement in Covid-19 relief operations or activities associated with the preparedness for dealing with the pandemic will also be entitled to get the ex-gratia assistance. Initially, the Central Government stated in its affidavit that deaths occurring due to poisoning, suicide, homicide, and deaths due to accident etc. will not be considered as Covid-19 deaths, even if it is an accompanying condition. After being urged by the SC to reconsider the guideline in respect of suicide cases, the additional affidavit filed by the Central government made it clear that the family members of people committing suicide within 30 days from being diagnosed as COVID-19 positive will also be entitled to avail assistance under the scheme. During the first wave deaths of 1347 COVID positive cases in Assam were listed separately as "COVID positive patient dead for other reasons." The fresh guidelines on documenting COVID death will those aggrieved to seek a modification in the death certificates. Disposal of applications from the kin of those listed under this category may add to the current tally of COVID death at 5,881 in the state till Monday. The SC directive based on a writ petition filed by two advocates of the apex court has brought succour to many households who have lost the sole breadwinner in the family due to COVID-19 and are struggling to turn over a new leaf. The judicial intervention has bought fresh hopes to these households. The Central and the state government acting fast on the SC order is what they can hope.