Supreme Court of India
GAURAV KUMAR BANSALversusUNION OF INDIA AND OTHERS
- Citation
- 2021 INSC 613
- Decided
- 4 October 2021
- Disposal
- Disposed off
- Bench
- M R SHAH
Holding
The Court held that the NDMA guidelines under Section 12(iii) of the Disaster Management Act, 2005 are binding, mandating a Rs 50,000 ex‑gratia payment to the next‑of‑kin of Covid‑19 victims, funded from SDRF, disbursed by DDMA, with compulsory death‑certificate wording and a district‑level grievance‑redressal committee.
Summary
The Supreme Court, hearing a petition by Gaurav Kumar Bansal seeking relief for families of Covid‑19 victims, examined the implementation of guidelines issued by the National Disaster Management Authority (NDMA) under Section 12(iii) of the Disaster Management Act, 2005. The Court noted that the NDMA had recommended an ex‑gratia payment of Rs 50,000 to the next‑of‑kin of persons who died of Covid‑19, to be funded from State Disaster Response Funds (SDRF) and disbursed by District Disaster Management Authorities. It also addressed the need for death certificates to expressly state “died due to Covid‑19” and for a grievance‑redressal mechanism at the district level. After considering the Union’s affidavits and the guidelines dated 11 September 2021, the Court ordered that the ex‑gratia assistance be made mandatory, that the amount be Rs 50,000, that states publish details of the disbursing authorities, and that death‑certification and grievance‑redressal procedures be uniformly applied. The directions were to be complied with within specified time‑frames, and the application was disposed of with these directives.
Issues considered
- Whether the NDMA guidelines recommending Rs 50,000 ex‑gratia assistance under Section 12(iii) of the Disaster Management Act, 2005 are binding on the States.
- Whether the States must fund the ex‑gratia assistance from the State Disaster Response Fund and ensure its disbursement by District Disaster Management Authorities.
- Whether death certificates must explicitly state “died due to Covid‑19” and what grievance‑redressal mechanisms are required for families dissatisfied with the certification.
- What timelines and publicity requirements should be imposed for implementation of the guidelines.
Legislation cited
Subjects
ex‑gratia assistanceCovid‑19Disaster Management Actdeath certificatecause of deathState Disaster Response Fundgrievance redressalNDMA guidelinesSupreme Court directions
Judgment
[2021] 11 S.C.R. 573 573
GAURAV KUMAR BANSAL A
v.
UNION OF INDIA AND OTHERS
Miscellaneous Application No.1120 of 2021
in
Writ Petition (Civil) No.539 of 2021 B
OCTOBER 04, 2021
[M.R. SHAH AND A.S. BOPANNA, JJ.]
Covid Pandemic – Disaster Management Act, 2005 –
Guidelines dated 11.09.2021 issued by National Disaster
Management Authority (NDMA) for ex-gratia assistance to the next C
of the kin of the deceased who died due to Covid-19 – NDMA
recommended an amount of Rs.50,000 as ex-gratia payment to the
next of the kin of the deceased – The Guidelines also provided that
ex-gratia assistance shall be provided by the States from the State
Disaster Response Fund (SDRF) and the ex-gratia assistance to the
D
next of the kin of the deceased person shall be disbursed by the
District Disaster Management Authority/District Administration –
Thus, directions passed in respect of ex-gratia assistance of an
amount of Rs.50,000/- – Also directions passed in respect of issuance
of the death certificates/official document stating the exact cause
of death, i.e., “died due to Covid-19” to the family members of the E
deceased who died due to Covid-19.
CIVIL ORIGINAL JURISDICTION: Miscellaneous Application
No. 1120 of 2021.
In
F
Writ Petition (Civil) No. 539 of 2021.
Tushar Mehta, SG, K.M. Nataraj, Ms. Aishwarya Bhati, ASGs,
Rajat Nair, Amit Sharma, Sughosh Subramanyam, B.V. Balaram Das,
Sumeer Sodhi for the appearing parties.
The Order of the Court was passed by G
M. R. SHAH, J.
1. Pursuant to a detailed judgment and order dated 30.06.2021,
this Court directed the National Disaster Management Authority
(NDMA) and the appropriate authority in paragraph 16 as under:
H
573
574 SUPREME COURT REPORTS [2021] 11 S.C.R.
A “16. In view of the above and for the reasons stated above, we
dispose of the present writ petitions with the following directions:
1) We direct the National Disaster Management Authority to
recommend guidelines for ex gratia assistance on account of loss
of life to the family members of the persons who died due to
B Covid-19, as mandated under Section 12(iii) of DMA 2005 for the
minimum standards of relief to be provided to the persons affected
by disaster – Covid 19 Pandemic, over and above the guidelines
already recommended for the minimum standards of relief to be
provided to persons affected by Covid-19. However, what
C reasonable amount to be offered towards ex gratia assistance is
left to the wisdom of National Authority which may consider
determining the amount taking into consideration the observations
made hereinabove, such as, requirement/availability of the fund
under the NDRF/SDRF for other reliefs and the priorities
determined by the National Authority/Union Government and the
D fund required for other minimum standards of relief and fund
required for prevention, preparedness, mitigation and recovery
and other reliefs to carry out the obligation under DMA 2005.
The aforesaid exercise and appropriate guidelines be
recommended, as directed hereinabove, within a period of six
E weeks from today;
2) The Appropriate Authority is directed to issue simplified
guidelines for issuance of Death Certificates/official document
stating the exact cause of death, i.e., “Death due to Covid-19”, to
the family members of the deceased who died due to Covid-19.
F While issuing such guidelines, the observations made hereinabove
in paragraph 13 be borne in mind. Such guidelines may also provide
the remedy to the family members of the deceased who died due
to Covid-19 for correction of the death certificate/official document
issued by the appropriate authority, if they are not satisfied with
the cause of death mentioned in the death certificate/official
G document issued by the appropriate authority; and
3) The Union of India to take appropriate steps on the
recommendations made by the Finance Commission in this XVth
Finance Commission Report bearing paragraph 8.131 in
consultation with other stakeholders and experts.”
H
GAURAV KUMAR BANSAL v. UNION OF INDIA AND OTHERS 575
[M. R. SHAH, J.]
2. Under the above directions in terms of para 16(1), the NDMA A
was required to recommend guidelines for ex-gratia assistance on account
of loss of life to the family members of the persons who died due to
Covid-19, as mandatory under Section 12 (iii) of the Disaster
Management Act, 2005 (for short, ‘DMA 2005’) for the minimum
standards of relief to be provided to the persons affected by disaster –
B
Covid-19 Pandemic, over and above the guidelines already recommended
for the minimum standards of relief to be provided to persons affected
by Covid-19, within a period of six weeks from 30.06.2021. This Court
also specifically observed that what reasonable amount to be offered
towards ex-gratia assistance is left to the wisdom of the NDMA which
may consider determining the amount taking into consideration the C
observations made in the detailed judgment and order dated 30.06.2021,
such as, requirement/availability of the fund under the NDRF/SDRF for
other reliefs and the priorities determined by the National Authority/
Union Government and the fund required for other minimum standards
of relief and fund required for prevention, preparedness, mitigation and
D
recovery and other reliefs to carry out the obligation under DMA 2005.
3. By order dated 16.08.2021, this Court extended the time for
framing the guidelines as per the directions contained in paragraph 16(1)
of the judgment dated 30.06.2021, by a further period of four weeks.
4. An affidavit/additional affidavit has been filed on behalf of the
E
Union of India with respect to compliance of the directions contained in
paragraph 16(1) of the judgment dated 30.06.2021 and it is stated that
now the NDMA has prepared guidelines for ex-gratia assistance to the
next of the kin of the deceased due to Covid-19 under Section 12(iii) of
the DMA 2005, vide guidelines dated 11.09.2021 under which the NDMA
has recommended an amount of Rs.50,000/- as ex-gratia payment to F
the next of the kin of the deceased due to Covid-19. It is stated that the
ex-gratia assistance shall be provided by the States from the State
Disaster Response Fund (SDRF) and the ex-gratia assistance to the
next of the kin of the deceased person shall be disbursed by the District
Disaster Management Authority/District Administration and the
disbursement shall be as per clause 8 of the said guidelines. The relevant G
clauses of the guidelines read as under:
“5. In view of the points mentioned in para 2, the Authority
recommends an ex-gratia payment to next of kin of the deceased
due to COVID-19, subject to cause of death being certified as
COVID-19 as per the guidelines issued by MoHFW and ICMR. H
576 SUPREME COURT REPORTS [2021] 11 S.C.R.
A 6. Amount of ex-gratia payment: The Authority recommends
an amount of Rs.50,000/- (Fifty Thousand only) per deceased
person including those involved in relief operations or associated
in preparedness activities, subject to cause of death being certified
as COVID-19. With regards to such certification, and redressal
of any grievances regarding the same, guidelines issued by
B
MoHFW and ICMR on 3rd September, 2021 and referred to in
para 2 above, will be applicable.
7. Source of funds: The ex-gratia assistance shall be provided
by States from the State Disaster Response Fund (SDRF).
C 8. Disbursement: The District Disaster Management Authority
(DDMA)/ district administration would disburse the ex-gratia
assistance to the next of kin of the deceased persons. The
concerned families will submit their claims through a form issued
by State Authority along with specified documents including the
death certificate that certifies the cause of death to be COVID-
D
19. The DDMA will ensure that the process of claim, verification,
sanction, and the final disbursement of ex-gratia payment will be
through a robust yet simple and people-friendly procedure. All
claims must be settled within 30 days of submission of required
documents and disbursed through Aadhaar linked Direct Benefit
E Transfer procedures.
9. Grievance redressal: In case of any grievances with regards
to certification of the death, as prescribed in the MoHFW and
ICMR guidelines mentioned above a Committee at district level
consisting of Additional District Collector, Chief Medical Officer
F of Health (CMOH), Additional CMOH/Principal or HOD
Medicine of a Medical College ( if one existing in the district) and
a subject expert, will propose necessary remedial measures,
including issuance of amended Official Document for COVID-
19 death after verifying facts in accordance with these guidelines.
In case the decision of the Committee is not in favour of the
G
claimant, a clear reason for the same shall be recorded.
10. Continuous Scheme: The Ex-gratia assistance to families
affected by COVID-19 deaths will continue to be provided for
deaths that may occur in the future phases of the COVID-19
pandemic as well, or until further notification.
H
GAURAV KUMAR BANSAL v. UNION OF INDIA AND OTHERS 577
[M. R. SHAH, J.]
5. Now so far as the directions contained in para 16(2) of the A
judgment dated 30.06.2021 are concerned, first affidavit has been
filed on 08.09.2021 in which it is stated that in compliance of the
directions issued by this Court contained in paragraph 16(2), the
Ministry of Health & Family Welfare, Government of India and
the Indian Council of Medical Research have jointly issued
B
guidelines dated 3.9.2021 for issuance of an official document for
Covid-19 related deaths. It is further stated that office of the
Registrar General of India has also issued a circular dated 3.9.2021
to provide a medical certificate of cause of death to the next of
the kin of the deceased. Under the guidelines dated 3.9.2021, it is
provided as under: C
“Government of India Ministry of Health & Family Welfare &
Indian Council of Medical Research Guidelines for Official
Document for COVID19 Death (lssued in compliance to the
Hon’ble Supreme Court order dated 30.06.2021 in WP(Civil) No.
539 and WP (Civil) 554 of 2021) . D
1. Background
Since the beginning of the Covid-19 pandemic, Indian Council of
Medical Research (ICMR) and Ministry of Health & Family
Welfare have been issuing specific guidelines to States/UTs based
on World Health Organization’s (WHO) guidelines & global best E
practices on reporting Covid deaths. Relevant officers in States/
UTs have also been trained on correct recording of deaths related
to Covid-19. Hon’ble Supreme Court in Writ Petition (Civil) No.
539 and 554 of 2021 directed the Central Government to issue
simplified guidelines for issuance of Official Document relating to F
COVID-19 deaths to the family members of the deceased, who
died due to COVID-19. Hon’ble Court had directed that such
guidelines may also provide the remedy to the family members of
the deceased who died due to COVID-19 for correction of the
Medical Certificate of Cause of Death/Official Document issued
by the appropriate authority. G
2. 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/
H
578 SUPREME COURT REPORTS [2021] 11 S.C.R.
A in-patient facility by a treating physician, while admitted in the
hospital/ in-patient facility.
ii. Deaths occurring due to poisoning, suicide, homicide, deaths
due to accident etc. will not be considered as COVID-19 deaths
even if COVID19 is an accompanying condition.
B 3. 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
C 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 Indian Council of Medical Research (ICMR),
95% i. deaths take place within 25 days of being tested Covid
D 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.
E iii. However, a COVID-19 case, while admitted in the hospital in-
patient ii. 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
F 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
G
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.
H
GAURAV KUMAR BANSAL v. UNION OF INDIA AND OTHERS 579
[M. R. SHAH, J.]
b. The Official Document for COVID-19 Death will be issued in A
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. B
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.
C
e.
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.”
6. It provided that the deaths occurring due to poisoning, suicide, D
homicide, deaths due to accident etc. will not be considered as Covid-19
deaths even if Covid-19 is an accompanying condition.
7. On the last date of hearing, a concern was shown on some of
the clauses in the guidelines dated 3.9.2021 including the deaths occurring
E
due to poisoning, suicide, homicide, deaths due to accident etc. will not
be considered as Covid-19 deaths even if Covid-19 is an accompanying
condition.
7.1 A concern was also shown with respect to Grievance Redressal
Mechanism in case of any grievance with regard to certification of the F
death. To that, under the guidelines dated 11.09.2021 in clause 9, a
provision is made with respect to constitution of a Grievance Redressal
Committee at District level consisting of the members mentioned in clause
9 of the guidelines dated 11.09.2021, which is reproduced hereinabove.
8. A further additional affidavit dated 22.09.2021 has been filed G
on behalf of the Union of India on some of the issues/concerns expressed
by this Court during the course of hearing on 13.09.2021 and in response
thereto, it is submitted as under:
H
580 SUPREME COURT REPORTS [2021] 11 S.C.R.
A
B
C
D
E
F
G
H
GAURAV KUMAR BANSAL v. UNION OF INDIA AND OTHERS 581
[M. R. SHAH, J.]
A
B
C
D
E
F
G
H
582 SUPREME COURT REPORTS [2021] 11 S.C.R.
A 9. Having heard Shri Tushar Mehta, learned Solicitor General of
India and the writ petitioner Mr. Gaurav Kumar Bansal and Mr. Sumeer
Sodhi, learned Advocate for the intervenor and considering the Guidelines
dated 11.09.2021 issued by the National Disaster Management Authority
issued under Section 12 (iii) of DMA, 2005 on amount of ex-gratia
assistance to the next of the kin of the deceased due to Covid-19 and the
B
affidavit/additional affidavit filed on behalf of the Union of India, it appears
that the NDMA has recommended an amount of Rs.50,000/- as ex-
gratia payment to the next of the kin of the deceased due to Covid-19.
The Guidelines also provide that ex-gratia assistance shall be provided
by the States from the State Disaster Response Fund (SDRF) and the
C ex-gratia assistance to the next of the kin of the deceased person shall
be disbursed by the District Disaster Management Authority/District
Administration.
10. In furtherance of our earlier order dated 30.06.2021, it is
directed as under:
D i) that the next of the kin of the deceased died due to Covid-
19 shall be paid ex-gratia assistance of an amount of
Rs.50,000/-, which shall be treated as ex-gratia payment
under Section 12(iii) of the DMA, 2005 and which shall be
minimum and which shall be over and above the
E compensation/amount to be paid by the Union of India/State
Governments/Union Territories to be declared/provided
under different benevolent schemes;
ii) that the ex-gratia assistance of Rs. 50,000/- shall be provided
by the concerned States from the State Disaster Response
F Fund (SDRF);
iii) that the ex-gratia assistance to the next of the kin of the
deceased shall be disbursed by the District Disaster
Management Authority/District Administration;
iv) that the full particulars and address of the District Disaster
G Management Authority/District Administration who is
required to disburse the ex-gratia assistance of Rs. 50,000/
- shall be published in the Print Media and Electronic Media
and wide publicity shall be given;
that the same shall be published within a period of one
H week from today;
GAURAV KUMAR BANSAL v. UNION OF INDIA AND OTHERS 583
[M. R. SHAH, J.]
it is further directed that such information shall also be A
published in the prominent offices of the village/taluk/district,
such as, Gram Panchayat Office, Taluk Panchayat Office,
District Collector Office, Corporation Office etc.;
v) that such ex-gratia assistance of Rs. 50,000/- shall be
disbursed within a period of 30 days from the date of B
submitting the application to the concerned District Disaster
Management Authority/District Administration along with
the proof of the death of the deceased due to Covid-19 and
the cause of death being certified as “Died due to Covid-
19”;
C
vi) that the amount to be disbursed as per the Guidelines dated
11.09.2021 and as observed hereinabove on the death being
certified as Covid-19 death for which the cause of death
mentioned in the death certificate shall not be the conclusive
and if other documents are provided as discussed
hereinbelow, the next kin of the deceased died due to Covid- D
19 shall be entitled to the ex-gratia assistance of Rs. 50,000/
-;
vii) that no States shall deny the ex-gratia assistance of
Rs.50,000/- to the next of the kin of the deceased died due
to Covid-19 solely on the ground that in the death certificate E
issued by the appropriate authority, the cause of death is
not mentioned as “Died due to Covid-19”;
viii) that in case of any grievance with regard to certification of
the death, the aggrieved person may approach the
Committee at District level consisting of Additional District F
Collector, Chief Medical Officer of Health (CMOH),
Additional CMOH/Principal or HOD Medicine of a Medical
College (if one existing in the district) and a subject expert,
who shall take remedial measures including issuance of
amended official document for Covid-19 death after G
verifying the facts on production of the necessary documents
showing that the death is due to Covid-19;
ix) that the Authority/Committee shall carry out the directions
as mentioned hereinbelow while considering the case of
the deceased as Covid-19. All the States shall constitute
H
584 SUPREME COURT REPORTS [2021] 11 S.C.R.
A such Committee within a period of one week from today
and the address location and full particulars of the said
Committee at the District level shall be published in Print
Media and Electronic Media having wide circulation;
so far as the Corporation area is concerned, a similar
B Committee be constituted consisting the Deputy
Commissioner, Medical/Health, the Chief Medical Officer
of Health of the Civil Hospital in the area, if any, Additional
CMOH/Principal/HOD Medicine of a Medical College (if
one existing in the district) and a subject expert and their
office shall be at the office of the Municipal Corporation of
C the concerned municipality;
x) it is further directed that in case the decision of the
Committee is not in favour of the claimant, a clear reason
for the same shall be recorded by the Committee which is
called a Grievance Redressal Committee;
D
xi) as agreed, and as per the Guidelines, the ex-gratia
assistance to the families affected by Covid-19 deaths shall
continue to be provided for deaths that may occur in future
phases of Covid-19 as well.
E 11. Now so far as the directions contained in para 16(2) of our
earlier order dated 30.06.2021 for issuance of the death certificates/
official document stating the exact cause of death, i.e., “died due to
Covid-19” to the family members of the deceased who died due to Covid-
19 is concerned, considering the additional affidavit filed on behalf of the
Union of India dated 8.9.2021 and the subsequent clarification in the
F additional affidavit dated 22.09.2021 and the guidelines dated 3.9.2021,
in furtherance of our earlier order dated 30.06.2021, it is further directed
as under:
i) Covid-19 cases, for the purpose of considering the deaths
of the deceased due to Covid-19, are those which are
G 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) that the deaths occurring within 30 days from the date of
H testing or from the date of being clinically determined as a
GAURAV KUMAR BANSAL v. UNION OF INDIA AND OTHERS 585
[M. R. SHAH, J.]
Covid-19 case shall be treated as “Deaths due to Covid- A
19”, even if the death takes place outside the hospital/in-
patient facility;
iii) also, the Covid-19 case while admitted in the hospital/in-
patient facility and who continued to be admitted beyond
30 days and died subsequently shall also be treated as a B
Covid-19 death;
iv) Covid-19 cases which are not resolved and have died either
in the hospital settings or at home, and where a Medical
Certificate of Cause of Death (MCCD) in Form 4 & 4A
has been issued to the registering authority, as required under
Section 10 of the Registration of Birth & Death (RBD) C
Act, 1969, shall also be treated as Covid-19 death. However,
it is observed and made clear that irrespective of the cause
of death mentioned in the death certificate, if a family
member satisfies the eligibility criteria mentioned in
paragraphs 11(i) to 11(iv) as above shall also be entitled to D
the ex-gratia payment of Rs. 50,000/- on production of
requisite documents as observed hereinabove, and no State
shall deny the ex-gratia payment of Rs. 50,000/- on the
ground that in the death certificate the cause of death is not
mentioned as “Died due to Covid-19”;
E
v) all concerned hospitals where the patient was admitted and
given treatment shall provide all the necessary documents
of treatment etc. to the family member of the deceased, as
and when demanded, and if any hospital and/or the place
where the deceased had taken treatment refuses to furnish
such documents, it will be open for the Grievance Redressal F
Committee to call for such information and the concerned
hospital/institution where the deceased was admitted shall
have to furnish such particulars as required for the purpose
of establishing that the death was due to Covid-19;
vi) a family member of the deceased who committed suicide G
within 30 days from being diagnosed as Covid-19 positive
shall also be entitled to avail the financial help/ex-gratia
assistance of Rs. 50,000/- as granted under the SDRF in
accordance with the guidelines dated 11.09.2021 issued by
the NDMA under Section 12(iii) of DMA, 2005, as directed
hereinabove; H
586 SUPREME COURT REPORTS [2021] 11 S.C.R.
A vii) if any family member/kin of the deceased died due to
Covid0-19 has any grievance with respect to non-receipt
of the ex-gratia payment of Rs. 50,000/-, it will be open for
the aggrieved claimant to approach the Grievance Redressal
Committee constituted as observed hereinabove, and the
Grievance Redressal Committee shall examine the
B
contemporaneous medical record of the deceased patient,
and take a decision within a period of 30 days from
approaching the said Grievance Redressal Committee and
as observed hereinabove such Grievance Redressal
Committee shall have powers to call for the details/
C documents from the concerned hospital/hospitals from
where the deceased took the treatment;
viii) all endeavours shall be made by the District Disaster
Management Authority/District Administration and even the
Grievance Redressal Committee to avoid any technicalities
D and all concerned authority shall act as a helping hand, so
as to wipe off the tears of those who have suffered due to
loss of a family member died due to Covid-19;
ix) it is further directed that in cases of the death certifications
already issued and any family member of the deceased is
E aggrieved by the cause of death mentioned in the death
certificate already issued, it will be open for the aggrieved
person to move the appropriate authority who issued the
death certificate and/or registering authority and on
production of the necessary documents as observed
F hereinabove, including production of documents, such as,
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, the concerned authority shall modify/
amend such death certificates. If the person is still aggrieved,
G it will be open for the aggrieved person to approach the
Grievance Redressal Committee constituted as hereinabove
and the concerned registering authority shall ratify/amend
the death certificate as directed by the Grievance Redressal
Committee.
H
GAURAV KUMAR BANSAL v. UNION OF INDIA AND OTHERS 587
[M. R. SHAH, J.]
12. The National Disaster Management Authority (NDMA), A
Ministry of Health and Family Welfare, Union of India are directed to
issue guidelines to the concerned States/Union Territories incorporating
the directions issued hereinabove which shall be binding to all the States/
Union Territories.
13. Miscellaneous Application No. 1120/2021 stands disposed of B
with the aforesaid directions.
Devika Gujral Miscellaneous Application disposed of.
C
D
E
F
G
H
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