Jamiat-Ulama-I-Hind intervenes petition seeking a ban on the burial of contaminated dead bodies of Covid-19

Team SoOLEGAL 4 May 2020 3:31pm

Jamiat-Ulama-I-Hind intervenes petition seeking a ban on the burial of contaminated dead bodies of Covid-19

The organization Jamiat-Ulama-i-Hind has intervened in a plea seeking ban on burial of Covid-19 infected bodies and argues that the restriction on the burial of dead bodies infected with the virus in cemeteries is contrary to the constitutional principles in relation to the right to practice one's religion as burial of dead bodies under Article 25 of the Constitution is necessary for the religion of Islam.

Fearing the possibility of COVID-19 spreading through contaminated dead bodies, a resident of Mumbai had moved to the Supreme Court seeking a stay on burials that would be allowed in three cemeteries next to his house.

“It is submitted that the apprehension of the Petitioner herein that burial of dead bodies of those persons who were infected with COVID-19 will risk the spread of such infection in the vicinity is unfounded and that at the outset it is pertinent to mention that there is no risk of spreading of the COVID-19 virus during such burial”, as stated by the applicant organisation.

The key reason for the intervening application lies in the guidelines provided by the Ministry of Health and Family Welfare, Government of India on the management of dead bodies in the midst of the COVID -19 pandemic.

The plea states that the guidelines note that the main driver of COVID-19 transmission is "through droplets and that an increased risk of COVID-19 contamination from a dead body is unlikely to occur to health workers or family members who take normal precautions when handling the corpse."

Furthermore, stressing that there are many misconceptions about certain victims that have died from a communicable disease, Applicant claims that the notion of cremating the dead bodies is the only viable solution, is a misunderstanding. It is submitted in this regard that, “It is a common myth that persons who have died of a communicable disease should be cremated, but this is not true. Cremation is a matter of cultural choice and available resources.” 

Tagged: Covid-19   Dead Bodies   Jamiat-Ulama-i-Hind   Supreme Court   Article 25   Ministry of Health and Family Welfare   pandemic  
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