SC expresses concern, probe into fake death certificates for Covid ex gratia

The Supreme Court Monday expressed situation over pretend Covid loss of life certificates being issued by means of medical practitioner for ex-gratia compensation and found that it may order a probe into the issue.
A bench of Justices M R Shah and B V Nagarathna additionally stated that there should be some time restrict for claims in search of compensation.

“What is demanding is the fake certificate given by using doctors… It is a very serious thing”, the bench observed.

The top courtroom stated that there have to be some time limit, otherwise, the technique will go endlessly.

“Please suggest how can we curb the trouble of faux certificates being issued via the doctors. It may additionally take away a persons’ real opportunity”, the bench said.

At the outset, Solicitor General Tushar Mehta submitted that there should be an outer time restrict for submitting claims.

“I would urge your lordship to have some outer line for the deaths that have already occurred…This method may also not be endless,” Mehta said.

The Solicitor General submitted that the top court has ordered that an RT-PCR certificates was once no longer integral for compensation and the identical can be allowed primarily based on a doctor’s certificate. “This leisure is being misused”, he said.

The bench sought pointers on the trouble and posted the matter for listening to on March 14.

The top courtroom had earlier directed all states governments and Union Territories to appoint a devoted nodal officer to coordinate with the member secretary of the state legal service authority (SLSA) to facilitate payment of ex gratia compensation to household members of COVID-19 victims It had also directed the kingdom governments to give full particulars like name, address, and loss of life certificates to the worried SLSA, as also complete important points concerning orphans, inside one week from today (Friday) failing which the depend shall be considered very seriously.

The top court had reiterated that functions looking for compensation need to now not be rejected on technical grounds and if any technical glitch is found, the states involved need to supply them an opportunity to treatment defects as the remaining intention of the welfare nation is to provide some solace and compensation to victims.

The pinnacle courtroom used to be hearing a batch of pleas filed via Gaurav Bansal and intervenors, represented with the aid of suggest Sumeer Sodhi, in search of ex-gratia help to household individuals of COVID-19 victims.

The top court, which was once annoyed over the non-disbursal of Rs 50,000 ex-gratia to the kin/family members of those who misplaced their lives due to COVID-19, had pulled up the kingdom governments.

It had stated on October 4, 2021, that no nation shall deny ex-gratia of Rs 50,000 to the subsequent of relatives of the deceased due to COVID-19 solely on the floor that the death certificate does now not point out the virus as the cause of death.

The court had additionally said that the ex-gratia is to be disbursed inside 30 days from the date of applying to the district catastrophe management authority or the district administration concerned along with the proof of the demise of the deceased due to coronavirus and the cause of death being licensed as died due to COVID-19.

The top court had stated that its directions for price of compensation to the family participants of the persons, who died due to COVID-19, are very clear and there was no requirement at all of constituting the scrutiny committee to award compensation.

It had stated it used to be very tons made clear that even in a case where, in the dying certificate, the purpose is no longer proven as loss of life due to COVID-19 but if discovered that deceased was declared effective for coronavirus and has died within 30 days, mechanically his or her family participants are entitled to the compensation besides any similarly conditions.

By editor

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