Akanksha Singh –
Published on: September 14, 2021 at 12:23 IST
The Apex Court on Monday had told the Central Government that those deceased after committing suicide after contracting COVID-19 should also be considered to have died from COVID. The Bench also asked Central Government to issue the guidelines for providing death certificate to such deceased.
A Bench adjudicated by Justices MR Shah and AS Bopanna told Solicitor General Tushar Mehta that it did not prima facie agree with the exclusion of such persons from the purview of compensation.
Some clarifications was also asked for in the process of issuing death certificates. Nevertheless, the bench said that it is largely satisfied with the guidelines. “Around 80% has been achieved. There are some creases that need to be ironed out,” the bench observed.
The Union has framed guidelines for issuance of Covid death certificates and providing compensation to the family members of the deceased.
In furtherance to this the Apex Court told the Solicitor General of India Tushar Mehta that “you say that suicide cases would not be covered. We are prima facie of the view that it cannot be accepted. What about persons who committed suicide because of suffering of Covid. Reconsider your decision,”
Thereafter Solicitor General said that “Cause of death may be suicide but the cause of suicide is Covid and the issue needs to be revisited,” and by this he agreed and assured the Apex Court that the central government would re-examine the issue. Solicitor General further pointed out that the Centre had also followed the scheme of ex-gratia compensation under the 2005 Act.
The Affidavit filed by the Centre in the S.C. stated that the Office of the Registrar General of India (RGI) issued a circular dated September 3, 2021 to provide medical certificate of the cause of death to the next of kin of the deceased.
According to the guidelines issued by the government deaths causes due to poisoning, suicide, homicide and deaths due to accident, among others, will not be considered as Covid19 deaths even if Covid19 is an accompanying condition.
However, it is provided in the same guideline that 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 has been issued to the registering authority will be treated as a Covid-19 death.