RIGHTS OF THE DECEASED IN INDIA
-Dr. Debasish Mukherjee, eminent Advocate
The Law in India does not expressly state that burial / cremation of the dead is the responsibility of the State but it is interpreted by courts again and again. However, there are other rights of the dead that are expressly stated in our laws. Article 21 of the Constitution of India is not only available to a living person but also to his body after death.
The word "person" as defined in Article 21 includes dead person in a limited sense and his rights to live with dignity, to have an extended meaning to treat his dead body with respect which he deserves. The living persons are given number of rights whereas the dead persons only have rights in two main areas e.g (a) disposal of bodies ( b) crimes against the corpses. Disposal of bodies include proper cremation facilities with dignity.
In the matter of Parmanamd Katara, Advocate -- vs -- Union of India & Anr, the Hon'ble Supreme Court of India held that "we agree with the petitioner that right to dignity and fair treatment under Article 21 of the Constitution of India is not only available to a living person but also to his body after his death. We thus find that the word and expression "person" in Article 21 would include a dead person in a limited sense and that his rights to his life which includes his right to live with human dignity, to have an extended meaning to treat his dead body with respect which he would have deserved had he been alive subject to his tradition, culture and the religion which he professed. The State must respect a dead person by allowing the body of that dead person to be treated with dignity and unless it is required for the purposes of establishing a crime to ascertain the cause of death and be subjected to post mortem or for any scientific investigation, medical education or to save the life of another person in accordance with law, the preservation of the dead body and it's disposal in accordance with human dignity".
But in our country as well as in our State, do the dead have rights?
Considering several incidents regarding handling of dead bodies, the answer will be negative.
The right to life has been held to include the right to live with human dignity. But our tradition and culture, the same human dignity with which a living human being is expected to be treated should also be extended to a person who is dead.
The State must respect human beings and as such must allow the dignified disposal of corpses.
The recent incident which occurred in Garia cremation ground, has opened the eyes of the people of our State. The dead bodies were handled with brutal manner beyond imagination.
The said act on the part of the concerned person deputed by the concerned Municipal Corporation, was in total contravention of the provisions laid down in the Constitution of India and was also in violation of the verdicts given by the Hon'ble Supreme Court of India time to time.
For this type of brutal and / or inhuman activity rigorous punishment in accordance with Criminal Procedure Code should be imposed.
According to Section 182 of the Criminal Procedure Code every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who ( a) neglects without lawful excuse to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains or ( b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains whether buried or not.
To protect the rights of a dead person in accordance with the provisions laid down in the Constitution of India, strict measures should be taken to protect the provisions laid down in Article 21 of the Constitution of India.
Email legal query at hellokolkata1@gmail.com and our experts will respond.
Whtsp- 9339228087
-Dr. Debasish Mukherjee, eminent Advocate
The Law in India does not expressly state that burial / cremation of the dead is the responsibility of the State but it is interpreted by courts again and again. However, there are other rights of the dead that are expressly stated in our laws. Article 21 of the Constitution of India is not only available to a living person but also to his body after death.
The word "person" as defined in Article 21 includes dead person in a limited sense and his rights to live with dignity, to have an extended meaning to treat his dead body with respect which he deserves. The living persons are given number of rights whereas the dead persons only have rights in two main areas e.g (a) disposal of bodies ( b) crimes against the corpses. Disposal of bodies include proper cremation facilities with dignity.
In the matter of Parmanamd Katara, Advocate -- vs -- Union of India & Anr, the Hon'ble Supreme Court of India held that "we agree with the petitioner that right to dignity and fair treatment under Article 21 of the Constitution of India is not only available to a living person but also to his body after his death. We thus find that the word and expression "person" in Article 21 would include a dead person in a limited sense and that his rights to his life which includes his right to live with human dignity, to have an extended meaning to treat his dead body with respect which he would have deserved had he been alive subject to his tradition, culture and the religion which he professed. The State must respect a dead person by allowing the body of that dead person to be treated with dignity and unless it is required for the purposes of establishing a crime to ascertain the cause of death and be subjected to post mortem or for any scientific investigation, medical education or to save the life of another person in accordance with law, the preservation of the dead body and it's disposal in accordance with human dignity".
But in our country as well as in our State, do the dead have rights?
Considering several incidents regarding handling of dead bodies, the answer will be negative.
The right to life has been held to include the right to live with human dignity. But our tradition and culture, the same human dignity with which a living human being is expected to be treated should also be extended to a person who is dead.
The State must respect human beings and as such must allow the dignified disposal of corpses.
The recent incident which occurred in Garia cremation ground, has opened the eyes of the people of our State. The dead bodies were handled with brutal manner beyond imagination.
The said act on the part of the concerned person deputed by the concerned Municipal Corporation, was in total contravention of the provisions laid down in the Constitution of India and was also in violation of the verdicts given by the Hon'ble Supreme Court of India time to time.
For this type of brutal and / or inhuman activity rigorous punishment in accordance with Criminal Procedure Code should be imposed.
According to Section 182 of the Criminal Procedure Code every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who ( a) neglects without lawful excuse to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains or ( b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains whether buried or not.
To protect the rights of a dead person in accordance with the provisions laid down in the Constitution of India, strict measures should be taken to protect the provisions laid down in Article 21 of the Constitution of India.
Email legal query at hellokolkata1@gmail.com and our experts will respond.
Whtsp- 9339228087
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