The Union Government of India has filed a detailed Affidavit before the Supreme Court regarding the issuance of Covid-19 death certificates.

The Affidavit was filed by Govind Mohan, Additional Secretary, Ministry of Home Affairs, on September 11.

The Centre told the Supreme Court that the Health ministry and the Indian Council of Medical Research (ICMR) have come out with guidelines for issuing an “official document” for Covid-related deaths.

Since the beginning of Covid-19 pandemic, the ICMR and the Ministry of Health & Family Welfare have been issuing specific guidelines to States/UTs based on the World Health Organization’s (WHO) guidelines and best global practices on reporting Covid deaths, said the affidavit.

Relevant officers in States/UTs have also been trained on correct recording of deaths related to Covid-19. The Supreme Court in Writ Petition (Civil) No. 539 and 554 of 2021 directed the Central Government to issue simplified guidelines for the issuance of Official Document to the family members of the deceased, who died due to Covid-19. The Court had directed that such guidelines may also provide the remedy to family members for correction of Medical Certificate on Cause of Death/Official Document issued by the appropriate authority.

Guiding Principles

i. Covid-19 cases, for the purpose of these Guidelines, are those which are diagnosed through a positive RT-PCR/ Molecular Tests/ RAT OR clinically determined through investigations in a hospital/ in-patient facility by a treating physician, while admitted in the hospital/ in-patient facility.

ii. Deaths occurring due to poisoning, suicide, homicide or due to accident will not be considered as Covid-19 deaths, even if Covid-19 is an accompanying condition.

Scenario based approach and interventions

i. 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 (MCCD) in Form 4 & 4 A has been issued to the registering authority as required under Section 10 of the Registration of Birth and Death (RBD) Act, 1969, will be treated as a Covid-19 death. Registrar General of India (RGI) will issue necessary guidelines to Chief Registrars of all States/UTs. 
ii. As per the study by the Indian Council of Medical Research (ICMR), 95 percent deaths take place within 25 days of being tested Covid positive. To make the scope broader and more inclusive, 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. 
iii. However, a Covid-19 case, while admitted in 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. 
iv. In cases where the MCCD is not available or the next of kin of the deceased is not satisfied with the cause of death given in MCCD (Form 4/4A), and which are not covered by the aforesaid scenarios, the States/ UTs shall notify a Committee at district level consisting of Additional District Collector, Chief Medical Officer of Health (CMOH), Additional CMOH/ Principal or HOD Medicine of a Medical College (if one exists in the district) and a subject expert, for issuance of the Official Document for Covid-19 Death.

The Committee will follow the procedure outlined below:

a. The next of kin of the deceased shall submit a petition to the District Collector for issuance of the appropriate Official Document for Covid-19 Death. 
b. The Official Document for Covid-19 Death will be issued in the format annexed to these Guidelines by the aforesaid district-level Committee after due examination and verification of all facts. 
c. The Official Document for Covid-19 Death shall also be communicated to Chief Registrars of States/UTs and Registrar of Birth and Death, who issued the death certificate. 
d. The Committee shall also examine the grievances of the next of kin of the deceased, and propose necessary remedial measures, including issuance of amended Official Document for Covid-19 Death after verifying facts in accordance with these guidelines. 
e. The applications for issuance of Official Document for Covid-19 Death and for redressal of grievances shall be disposed off within 30 days of submission of the application/ grievance.

A copy of the affidavit further stated that the Office of the Registrar General of India (ORGI) has also issued a circular on September 3, 2021, to provide a Medical Certificate of Cause of Death to the next of kin of the deceased.

“Under section 10 of the Registration of Births and Deaths (RBD) Act, 1969, the medical practitioner attending the deceased at the time of last illness, issues a Medical Certificate of Cause of Death (MCCD) in Form 4 for hospital in-patients or Form 4A for non institutional deaths. The Registrar under State/UT Rule (Model Rule 7 framed under section 10(3) of the RBD Act) is required to forward Form 4/4A to the Chief Registrar or the officer specified by him in this behalf by the 10 of the month immediately following the month to which the certificates relate”, reads circular.

The Registrar General of India will issue necessary guidelines to chief registrars of all states and union territories in this regard. The Registrar may also mention the name of the next of kin of deceased along with the date in the remarks column of the respective death register to whom the copy of the MCCD has been provided.

The Supreme Court in its June 30 order had specified the need for such a Committee to reduce hassles being caused to the common man. This Committee to be constituted at the district level will comprise of Additional District Collector, Chief Medical Officer of Health (CMOH), Additional CMOH/ Principal or HOD Medicine of a Medical College (if one exists in the district) and a subject expert.

The apex court had also directed the Centre to submit any action report on the other guidelines as referred in the earlier judgment authored by Justice Shah, and comprised of Justice (Now Retired) Ashok Bhushan on June 30, 2021. The Supreme Court had also  directed the Centre to frame guidelines to pay an ex-gratia compensation to the families of those who died due to Covid-19.

The Court further directed the Centre to frame guidelines for payment of ex-gratia compensation for Covid-19 deaths under the National Disaster Management Act 2005. The Court had granted six weeks for the Centre to frame the scheme under the 2005 Act and specify the amount since Covid-19 was notified as a disaster under the 2005 Act.

The Supreme Court Judgement  had come on two separate pleas filed by lawyers Reepak Kansal and Gaurav Kumar Bansal seeking directions to the Centre and the states to provide Rs 4 lakh compensation to the families of Novel Coronavirus victims, as provisioned under the Act.

The Delhi High Court on Monday deferred its hearing on a petition challenging an advisory issued by the Indian Council of Medical Research (ICMR), barring repetition of RT-PCR tests on individuals who tested positive for Covid-19.

Anurag Ahluwalia, appearing on behalf of ICMR, sought time from the Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh to file its response. The Bench then posted the matter for hearing on September 20.

The plea has been filed by practising Advocate Karan Ahuja, through Advocates Kuldeep Jauhari, Anubhav Tyagi and Rajat Bhatia. The petitioner and his parents tested positive for Covid-19 on April 28, 2021; and remained under home isolation for a period of 17 days, as per the guidelines issued by the Delhi Government.

On May 1, 2021, Civil Defence Volunteers were deployed outside his house for ensuring that isolation protocols are followed properly. Even after completing the mandatory isolation period, the Civil Defence Guards insisted on a negative Covid-19 report to allow the petitioner and his family to step out of the house, even to get essential items. 

Subsequently, on May 18, 2021, the petitioner and his parents went to the nearest dispensary to get tested, but the medical staff refused to conduct the test, citing that they have orders not to test people who have tested positive.

The plea alleged that the May 4 advisory issued by the ICMR is “arbitrary, discriminatory and creates a paradoxical situation, since a negative RT-PCR report is compulsorily required by several other notifications issued by the respondents (Centre, ICMR and Delhi government).”

The plea further alleged that the denial of testing at a public facility is violative of Articles 14 and 21 of the Constitution, as it discriminates against individuals, who have tested positive and leaves no room for them to confirm if they have turned negative and fully recovered.

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In the light of the foregoing, the plea sought striking down of the clause in the advisory, which bars repeating of an RT-PCR test on someone who has already tested positive by way of Rapid Antigen Test (RAT) or RT-PCR; and a direction to not put any direct or indirect prohibition on the right of a citizen to get oneself tested for any infection, including Covid-19.

The Bench, on previous occasion, sought response from the Centre, the Delhi Government and the ICMR on the issue.

New Delhi: The Delhi High Court today directed the Indian Council for Medical Research (ICMR) and the Delhi government to consider testing of people willing to travel inter-state.

The divisional bench of Justices Hima Kohli and Subramonium Prasad, while hearing the matter through video conferencing, noted: “The person traveling to other states cannot get an entry in many states if not tested for COVID-19 which is a curtailment of his right to travel.”

The petitions sought directions for allowing the persons to get RT-PCR COVID-19 test as in view of the Unlock 3, the prohibitions with regards to intra and inter-state travel are being relaxed.

Advocate Satyakam, appearing for the Delhi government, submitted that according to the National Center for Disease Control, the Delhi government’s testing strategy is right and no change is needed.

The bench has further directed the Delhi government to strategize on aspects of testing, who are asymptomatic traveling to other states and with regards to the migrant labourers, camps should be there either at the border or near the industrial areas, so that the COVID-19 is identified and segregated.

“When they come back, things should be as easy as possible for them. We don’t want second round or second wave of infection,” Justice Kohli stated.

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Justice Kohli has also directed the ICMR to place on record analysis as to which way the infection is going in Delhi one day before the date of the next hearing.

The bench will be hearing the matter again on August 31.

-India Legal Bureau

The Delhi High Court on Friday has asked the Central Government to look for mechanisms and come up with guidelines to make the COVID-19 tests facility available for mentally ill homeless persons even if they don’t have any identity proof. 

A divisional bench comprising the Chief Justice D.N. Patel and Justice Prateek Jalan while hearing the PIL through video conferencing stated that there is an urgent need to make some mechanism by which these homeless mentally ill people can also be tested for COVID-19. 

The PIL was filed by Advocate Gaurav Kumar Bansal seeking directions to the Delhi and Central Government to frame guidelines regarding the COVID-19 testing facility for the homeless mentally ill people.

The affidavit submitted by the government stated that the difficulty in testing homeless mentally ill persons is that they do not have their photo identity card and a valid mobile number and both of them are mandatory under the Indian Council of Medical Research (ICMR) guidelines.

Whereas the bench noted that these people do not have any identity proof, not only that, they don’t have their passport size photo, how can you expect “Photo ID” of such a person.  

Mr. Bansal appearing in person submitted that the homeless mentally ill people are being neglected, whereas, they lie in a vulnerable category as they do not have shelter and exposed to the risk of COVID-19. They need special care and regular support of the government and our society.

The petition stated, “However, a crisis like the present COVID-19 pandemic puts additional responsibility on the government shoulders to formulate and implement such public health programs for homeless mentally ill persons which are not only able to provide mental health treatment but can also effectively protect them from the said deadly virus.”

-India Legal Bureau