Lawstreet Journal

No Scientific Evidence to Show That Burial Spreads COVID-19; Art 21 Encompasses Right to Burial: Bombay HC [READ ORDER]

Lawstreet Journal 25 May 2020 7:07pm

Image courtesy: Lawstreet Journal Judiciary No Scientific Evidence to Show That Burial Spreads COVID-19; Art 21 Encompasses Right to Burial: Bombay HC [READ ORDER]

A PIL was recently filed on the fear that COVID-19 may spread through the buried bodies, but in dismissing the plea, the Bombay High Court had on May 23, 2020 held that there was no scientific proof to show that COVID-19 can spread through dead bodies.

Judgment to this effect was given by the Bench of Chief Justice Dipankar Datta and SS Shine in the matter of Pradeep Gandhy & Ors. v. State of Maharashtra & Ors.


Background of the PIL:

The petitioners had filed the PIL on April 13, 2020, as the notification by the Municipal Commissioner of the Municipal Corporation for Greater Mumbai was containing several Kabrasthans for the burial of COVID-19 patients, out of which three were in the area close to the Petitioners' residences in Bandra (West). A single judge of the Bombay HC had declined interim relief on April 27, 2020 and the same was appealed before the SC by Special Leave Petition. 

On May 4, 2020 while disposing of SLP, the SC directed the Bombay HC to dispose of the petition within two weeks. Relying on Article 21 they prayed that their rights should also (in addition to the right to religion) be protected in trying time of COVID-19 by identifying kabrasthans far away from populated localities and not in the cities itself. 


The judgment of the Court: 

Relying on the contents of the “interim guidance” dated March 24, 2020 issued by the WHO, the Court held that there is no evidence of persons having developed infection of COVID-19 from exposure to the cadaver… Continue Reading...

Tagged: Corona updates  
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