Can Families of Private Doctors Who Died on Covid Duty Access Rs 50 Lakh Insurance?
Synopsis
Key Takeaways
- Supreme Court ruling supports families of deceased healthcare professionals.
- Insurance scheme includes private doctors who died on duty.
- Technical definitions of 'requisition' must consider pandemic circumstances.
- Burden of proof lies with claimants for insurance eligibility.
- The ruling highlights the heroism of healthcare workers during Covid-19.
New Delhi, Dec 11 (NationPress) The Supreme Court declared on Thursday that the families of private doctors and healthcare workers who lost their lives during their Covid-19 responsibilities are entitled to the Centre's Rs 50 lakh insurance scheme.
A bench comprising Justices P.S. Narasimha and R. Mahadevan made this decision in response to an appeal from the widow of Dr. B.S. Surgade, a private doctor who tragically passed away from Covid-19 in June 2020 while keeping his clinic operational during the lockdown.
Previously, the Bombay High Court had rejected her appeal for benefits under the Pradhan Mantri Garib Kalyan Yojana Package (PMGKY), arguing that Dr. Surgade’s duties were not “officially requisitioned” for Covid duty.
The Supreme Court emphasized that families of healthcare professionals should not be denied access to the insurance scheme based on an overly technical interpretation of “formal” requisition orders. It highlighted that the extraordinary conditions at the pandemic's onset must be understood in context and cannot be reduced to solely a request for individual appointment letters.
The Justices noted the Centre’s directive launching the PMGKY insurance alongside municipal mandates for dispensaries to remain operational, asserting that the regulatory framework was designed to ensure that no efforts were spared in requisitioning the services of doctors. The insurance scheme was equally aimed at reassuring frontline healthcare workers of the nation's support.
In dismissing a hyper-technical approach to requisitioning, the Supreme Court clarified that eligibility under the PMGKY is determined on a case-by-case basis.
"Once it is established that there was a ‘requisition’, the applicability of the insurance policy will depend on substantiated evidence. If it is clear that the deceased lost their life while performing Covid-19-related duties, the policy must be enforced," the court stated.
"Our inquiry is limited to assessing whether there was a ‘requisition’ of the services of healthcare professionals. We are not evaluating the validity of individual claims; it is up to the relevant offices or agencies to investigate claims based on credible evidence," the Supreme Court clarified.
It also specified that the responsibility to prove that a deceased individual died while performing Covid-19-related duties falls on the claimant, and this must be established with credible evidence.
In its ruling, the Supreme Court acknowledged the unparalleled strain that the Covid-19 pandemic placed on global healthcare systems. Despite this immense burden, Justice Narasimha's Bench remarked: "Our doctors and health professionals emerged as steadfast heroes, transforming challenges into acts of bravery."