Lawstreet Journal

“Article 21 Includes Right to A Decent Burial/ Last Rite”: PIL In Calcutta HC To Hand Over Dead Bodies Of COVID-19 Patients to Family [READ PETITION]

Lawstreet Journal 8 Jun 2020 9:33pm

Image courtesy: Lawstreet Journal Judiciary “Article 21 Includes Right to A Decent Burial/ Last Rite”: PIL In Calcutta HC To Hand Over Dead Bodies Of COVID-19 Patients to Family [READ PETITION]

A Public Interest Litigation (PIL) has been filed under Article 226 of the Constitution in the Calcutta High Court, on June 06, 2020, seeking to direct the authorities to hand over the dead bodies of persons who have died on account of COVID-19 to the family members for burial/cremation.

Basing his petition on Article 21 of the Indian Constitution, the petitioner argued that the Indian Constitution has ensured Right to Life and a Dignified Life under Article 21 as a fundamental right and the Supreme Court through various cases has held that the right to dignity and fair treatment under Article 21 is not only available to a living man but also his body after his death.

The Apex Court had in Pt. Parmanand Katara Vs. Union of India [(1995 (3) SCC 248)], held 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… Continue Reading...


Tagged: Corona Updates   calcutta high court  
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