Fake Covid deaths: SC orders random scrutiny of 5 per cent ex-gratia claims in four states

New Delhi, March 24

The Supreme Court on Thursday allowed the Centre to inquiry into fake claims for ex-gratia compensation meant for family members of Covid-19 victims in Maharashtra, Kerala, Gujarat and Andhra Pradesh, saying “nobody can be permitted to avail the compensation by submitting a false death certificate.

“We permit the National Disaster Management Authority/Union of India, through the Ministry of Health and Family Welfare, to carry out the random scrutiny of 5 percent of the claim applications by the States of Andhra Pradesh, Gujarat, Kerala and Maharashtra at the first instance,” a Bench led by Justice MR Shah said.

The government can verify five per cent of claims in the four where the gap between number of claims and recorded deaths was wide, the Bench said, adding if it’s found that anybody has made a fake claim, the same shall be considered under Section 52 of the Disaster Management Act, 2005, and punished accordingly.

It set a 60-day deadline for all persons eligible as on date to apply for the ex-gratia compensation and 90 days for future claimants. The earlier order to process the claims and to make the actual payment of compensation in 30 days from the date of receipt of claim shall continue, it added.

It ordered the states concerned to give wide publicity to its order fortnightly for a period of six weeks through print and electronic media so that the claimants can know the time limit fixed by this Court for making claims.

Acting on PILs seeking an ex-gratia payment of Rs 4 lakh each to the families of COVID-19 victims, the Bench had on June 30 last year directed the NDMA to frame guidelines for it, saying the authority was statutorily mandated to provide minimum relief, including ex-gratia to the victims of the pandemic.

On October 4, 2021, it had said that states can’t deny the ex-gratia compensation of Rs 50,000 to the next of kin of those who died due to COVID-19 solely on the ground that the death certificate didn’t mention the virus as the cause of death.

“We never imagined that this can be misused also. This is a very pious work and we thought that our morality has not gone so down that in this also there will be some fake claimshellip; And if some officials are involved, it makes it even worse. It’s a very serious thing,” the Bench had said on March 14.

Concerned over fake COVID-19 death certificates being issued for ex-gratia compensation, the top court had on March 7 asked the government to suggest measures to curb it. “What is worrying is the fake certificate given by doctorshellip; It is a very serious thinghellip; Please suggest how we can curb the issue of fake certificates being issued by the doctors. It may take away someone’s real opportunity”, it said.