Lawstreet Journal

Calcutta HC Modifies Its September 16th Judgment, Rules Only 6 Members To Escort The Dead Body Of Covid Victims For Last Rites [READ MODIFIED JUDGMENT]

Lawstreet Journal 24 Sep 2020 5:04pm

Image courtesy: Lawstreet Journal Judiciary Calcutta HC Modifies Its September 16th Judgment, Rules Only 6 Members To Escort The Dead Body Of Covid Victims For Last Rites [READ MODIFIED JUDGMENT]

The Calcutta High Court on 21st September, Monday altered its prior judgment passed on 16th September, Wednesday and ruled that only 6 close kin of the deceased person who died due to Covid-19 would be permitted to accompany the body for performing the final rites and rituals. 

The division bench comprised of Chief Justice T B Radhakrishnan and Justice Arijit Banerjee, who modified the Judgment of 16th September after listening to the plea of the petitioner and the Advocate General of the State in person. 

The judgment of 16th September was observed and the Court gave a firm view that the rights of the family members of COVID patient to perform funeral and last rites before the cremation or burial of the deceased person is a fundamental right of the family of the deceased person laid under the Article 21 of the Constitution of India. The Bench further elaborated that traditions and rites and rituals are intrinsic for the deceased person last rites and as per Article 25 of the Constitution of India, one has a right to a decent funeral as it comes under the segment of freedom of conscience and free profession, practice and propagation of religion subject to public order, morality and health and to the other fundamental rights mentioned under Part III of the Constitution. 

The order delivered on Monday, 21st September had altered the 2 paragraphs from the previous order of 16th September and are stated as follows- 

Paragraph (i) in 16th September Judgment- “when post mortem of the dead body is not required,… Continue Reading...


Tagged: calcutta high court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.